§ 35-34-1-6 — Defective indictment or information; dismissal; exceptions

Indiana § 35-34-1-6

• Jurisdiction: Indiana
• Art. 34: BRINGING CRIMINAL CHARGES
• Ch. 1: Indictment and Information

Text

(a) An indictment or information is defective
when:
(1) it does not substantially conform to the requirements of
section 2(a) of this chapter;
(2) the allegations demonstrate that the court does not have
jurisdiction of the offense charged; or
(3) the statute defining the offense charged is unconstitutional or
otherwise invalid.
(b) An information is defective if:
(1) the defendant was a grand jury target identified under IC 35-34-2-12(a)(1);
(2) the offense alleged was identified on the record under IC 35-34-2-12(a)(2) as an offense that the defendant allegedly
committed; and
(3) the grand jury proceeded to deliberate on whether to issue an
indictment, and voted not to indict the defendant for the offense
identified on the record under IC 35-34-2-12(a)(2).
However, if the prosecuting attorney shows that there is newly
discovered material evidence that was not presented to the grand jury
before the grand jury's failure to indict, then the information is not
defective.
(c) Except as provided in section 5 of this chapter, an indictment or
information or a count thereof shall be dismissed upon motion when it
is defective.
As added by Acts 1981, P.L.298, SEC.3. Amended by
P.L.312-1985, SEC.1; P.L.3-1990, SEC.121.