22-3201.The charge; delayed identification of certain witnesses.(a) Prosecutions in the district court shall be upon complaint, indictment orinformation.
(b) The complaint, information or indictment shall be a plainandconcise written statement of the essential facts constituting the crimecharged, which complaint, information or indictment, drawn in the languageof the statute, shall be deemed sufficient. The precise time of thecommission of an offense need not be stated in the indictment orinformation; but it is sufficient if shown to have been within the statuteof limitations, except where the time is an indispensable ingredient in theoffense. An indictment shall be signed by the presidingjuror of the grand jury. Aninformation shall be signed by the county attorney, the attorney generalor any legally appointed assistant or deputy of either. A complaint shallbe signed by some person with knowledge of the facts. Allegations made inone count may be incorporated by reference in another count. The complaint,information or indictment shall state for each count the official orcustomary citation of the statute, rule and regulation or other provision oflaw which the defendant is alleged to have violated. Error in the citationor its omission shall be not ground for dismissal of the complaint,information or indictment or for reversal of a conviction if the error oromission did not prejudice the defendant.
(c) When relevant, the complaint, information or indictment shallalsoallege facts sufficient to constitute a crime or specific crime subcategory inthe crime seriousness scale.
(d) The court may strike surplusage from the complaint, information orindictment.
(e) The court may permit a complaint or information to beamended at anytime before verdict or finding if no additional or different crime ischarged and if substantial rights of the defendant are not prejudiced.
(f) When a complaint, information or indictment charges a crimebutfails to specify the particulars of the crime sufficiently to enable thedefendant to prepare a defense the court may, on written motion of thedefendant, require the prosecuting attorney to furnish the defendant with abill of particulars. At the trial the state's evidence shall be confined tothe particulars of the bill.
(g) Except as otherwise provided, the prosecuting attorney shall endorsethe names of all witnessesknown to the prosecuting attorney upon the complaint,information and indictment at thetime of filing it. Except as otherwise provided, the prosecuting attorneymay endorse on it the names ofother witnesses that may afterward become known tothe prosecuting attorney, at times that the court may by rule orotherwise prescribe.If any witness is to testifyand the prosecuting attorney believes the witness who has provided informationis in danger of intimidation or retaliation, the prosecuting attorney may delayidentifying such informant witnessuntil such informant witness actually testifiesbut in no event shallidentification of a witness be delayed beyond arraignment without further orderof the court after hearing and an opportunity of the defendant to be heard.
History: L. 1970, ch. 129, § 22-3201; L. 1974, ch. 152, § 1;L. 1976, ch. 163, § 14; L. 1984, ch. 112, § 22;L. 1992, ch. 239, § 258;L. 1996, ch. 126, § 1; July 1.
22-3201.The charge; delayed identification of certain witnesses.(a) Prosecutions in the district court shall be upon complaint, indictment orinformation.
(b) The complaint, information or indictment shall be a plainandconcise written statement of the essential facts constituting the crimecharged, which complaint, information or indictment, drawn in the languageof the statute, shall be deemed sufficient. The precise time of thecommission of an offense need not be stated in the indictment orinformation; but it is sufficient if shown to have been within the statuteof limitations, except where the time is an indispensable ingredient in theoffense. An indictment shall be signed by the presidingjuror of the grand jury. Aninformation shall be signed by the county attorney, the attorney generalor any legally appointed assistant or deputy of either. A complaint shallbe signed by some person with knowledge of the facts. Allegations made inone count may be incorporated by reference in another count. The complaint,information or indictment shall state for each count the official orcustomary citation of the statute, rule and regulation or other provision oflaw which the defendant is alleged to have violated. Error in the citationor its omission shall be not ground for dismissal of the complaint,information or indictment or for reversal of a conviction if the error oromission did not prejudice the defendant.
(c) When relevant, the complaint, information or indictment shallalsoallege facts sufficient to constitute a crime or specific crime subcategory inthe crime seriousness scale.
(d) The court may strike surplusage from the complaint, information orindictment.
(e) The court may permit a complaint or information to beamended at anytime before verdict or finding if no additional or different crime ischarged and if substantial rights of the defendant are not prejudiced.
(f) When a complaint, information or indictment charges a crimebutfails to specify the particulars of the crime sufficiently to enable thedefendant to prepare a defense the court may, on written motion of thedefendant, require the prosecuting attorney to furnish the defendant with abill of particulars. At the trial the state's evidence shall be confined tothe particulars of the bill.
(g) Except as otherwise provided, the prosecuting attorney shall endorsethe names of all witnessesknown to the prosecuting attorney upon the complaint,information and indictment at thetime of filing it. Except as otherwise provided, the prosecuting attorneymay endorse on it the names ofother witnesses that may afterward become known tothe prosecuting attorney, at times that the court may by rule orotherwise prescribe.If any witness is to testifyand the prosecuting attorney believes the witness who has provided informationis in danger of intimidation or retaliation, the prosecuting attorney may delayidentifying such informant witnessuntil such informant witness actually testifiesbut in no event shallidentification of a witness be delayed beyond arraignment without further orderof the court after hearing and an opportunity of the defendant to be heard.
History: L. 1970, ch. 129, § 22-3201; L. 1974, ch. 152, § 1;L. 1976, ch. 163, § 14; L. 1984, ch. 112, § 22;L. 1992, ch. 239, § 258;L. 1996, ch. 126, § 1; July 1.
22-3201.The charge; delayed identification of certain witnesses.(a) Prosecutions in the district court shall be upon complaint, indictment orinformation.
(b) The complaint, information or indictment shall be a plainandconcise written statement of the essential facts constituting the crimecharged, which complaint, information or indictment, drawn in the languageof the statute, shall be deemed sufficient. The precise time of thecommission of an offense need not be stated in the indictment orinformation; but it is sufficient if shown to have been within the statuteof limitations, except where the time is an indispensable ingredient in theoffense. An indictment shall be signed by the presidingjuror of the grand jury. Aninformation shall be signed by the county attorney, the attorney generalor any legally appointed assistant or deputy of either. A complaint shallbe signed by some person with knowledge of the facts. Allegations made inone count may be incorporated by reference in another count. The complaint,information or indictment shall state for each count the official orcustomary citation of the statute, rule and regulation or other provision oflaw which the defendant is alleged to have violated. Error in the citationor its omission shall be not ground for dismissal of the complaint,information or indictment or for reversal of a conviction if the error oromission did not prejudice the defendant.
(c) When relevant, the complaint, information or indictment shallalsoallege facts sufficient to constitute a crime or specific crime subcategory inthe crime seriousness scale.
(d) The court may strike surplusage from the complaint, information orindictment.
(e) The court may permit a complaint or information to beamended at anytime before verdict or finding if no additional or different crime ischarged and if substantial rights of the defendant are not prejudiced.
(f) When a complaint, information or indictment charges a crimebutfails to specify the particulars of the crime sufficiently to enable thedefendant to prepare a defense the court may, on written motion of thedefendant, require the prosecuting attorney to furnish the defendant with abill of particulars. At the trial the state's evidence shall be confined tothe particulars of the bill.
(g) Except as otherwise provided, the prosecuting attorney shall endorsethe names of all witnessesknown to the prosecuting attorney upon the complaint,information and indictment at thetime of filing it. Except as otherwise provided, the prosecuting attorneymay endorse on it the names ofother witnesses that may afterward become known tothe prosecuting attorney, at times that the court may by rule orotherwise prescribe.If any witness is to testifyand the prosecuting attorney believes the witness who has provided informationis in danger of intimidation or retaliation, the prosecuting attorney may delayidentifying such informant witnessuntil such informant witness actually testifiesbut in no event shallidentification of a witness be delayed beyond arraignment without further orderof the court after hearing and an opportunity of the defendant to be heard.
History: L. 1970, ch. 129, § 22-3201; L. 1974, ch. 152, § 1;L. 1976, ch. 163, § 14; L. 1984, ch. 112, § 22;L. 1992, ch. 239, § 258;L. 1996, ch. 126, § 1; July 1.
