Page:Revised Codes of the State of North Dakota 1895.pdf/1446

§§ 8040-8047 § 8040. Things as to which allegations must be certain and direct. The allegations of the information or the indictment must be direct and certain as regards:

1. The party charged.

2. The offense charged.

3. The particular circumstances of the offense charged, when they are necessary to constitute a complete offense.

§ 8041. Fictitious name. True name. When a defendant is informed against, indicted or prosecuted by a fictitious or erroneous name, and in any stage of the proceedings his true name is discovered, it must be inserted in the subsequent proceedings, referring to the fact of his being prosecuted by the name mentioned in the information or indictment.

§ 8042. Charge. One offense. Different counts. The information or the indictment must charge but one offense, but the same offense may be set forth in different forms or degrees under different counts; and when the offense may be committed by the use of different means, the means may be alleged in the alternative in tủe same count.

§ 8043. Time offense committed. The precise time at which the offense was committed need not be stated in the information or in the indictment; but it may be alleged to have been committed at any time before the filing thereof, if an information; or if an indictment, before the finding thereof, except when the time is a material ingredient in the offense.

§ 8044. Certain errors not material. When an offense involves the commission of, or an attempt to commit a private injury, and is described with sufficient certainty in other respects to identity the act, an erroneous allegation as to the person injured, or intended to be injured, is not material.

§ 8046. Construction of words. The words used in an information or in an indictment must be construed in their usual acceptation in common language, except words and phrases defined by law, which are to be construed according to their legal meaning.

§ 8046. Statutory words not strictly pursued. Words used in a statute to define a public offense, need not be strictly pursued in the information or indictment; but other words conveying the same meaning may be used.

§ 8047. When information or indictment sufficient. The information or indictment is sufficient if it can be understood therefrom:

1. That it is entitled in a court having authority to receive it, though the name of the court is not stated.

2. That it was presented by a person authorized by law so to do, if an information; or if an indictment, that it was found by a grand jury of the county or judicial subdivision in which the court was held.

3. That the defendant is named, or if his name cannot be discovered, that he is described by a fictitious name, with a statement that his true name is to the informant or, as the case may be, to the grand jury, unknown.

4. That the offense was committed at some place within the jurisdiction of the court, except when the act, though done without the local jurisdiction of the county or judicial subdivision is triable therein. 1412