Page:1939 North Dakota Session Laws.pdf/218

CRIME contain no allegation of ownership of any property, unless such al- legation is necessary to charge the offense under Section 7.

(2) In charging an offense in which an allegation of ownership of property is satisfied by proof of possession or right of possession any statement in an indictment, information or bill of particulars which implies possession or right of possession is a sufficient allegation of ownership.

§ 16. .] (1) An indictment or information need contain no allegation of the intent with which an act was done, unless such allegation is necessary to charge the offense under Section 7.

(2) An allegation generally of an intent to defraud and injure is sufficient without alleging an intent to defraud or injure any particular person, unless such allegation is necessary to charge the offense under Section 7.

§ 17. .) (1) An indictment or information need not allege that the offense was committed or the act done "feloniously" or "traitorously" or "unlawfully" or "with force and arms" or "with a strong hand,” nor need it use any phrase of like kind otherwise to characterize the offense, nor need it allege that the offense was committed or the act done "burglariously," "willfully," "knowingly," "maliciously," or "negligently,” nor need it otherwise characterize the manner of the commission of the offense unless such characterization is necessary to charge the offense under Section 7.

(2) An indictment or information need not contain the words "as appears by the record” or any other words of similar import.

§ 18. .] An indictment or information need not state any matter not necessary to be proved.

§ 19. .] Whenever it is necessary in an indictment or information to describe any place or thing in order to charge an offense under Section 7, it is sufficient to describe such place or thing by any term which in common understanding embraces such place or thing and does not include any place or thing which is not by law the subject of, or connected with, the offense.

§ 20. .] (1) In an indictment, information or bill of particulars it is sufficient for the purpose of identifying any person other than the defendant to state his true name, or to state the name, appellation or nickname by which he has or is known, or, if no better way of identifying such person is practicable, to state a fictitious name, or to state the name of an office or position held by him, or to describe him as "a certain person," or by words of similar import, or in any other manner. In stating the true name of such person or the name by which such