CHAPTER 403

PERTAINING TO INDICTMENT TO DEFRAUD

AN ACT TO AMEND CHAPTER 31, TITLE 11, DELAWARE CODE, BY PROVIDING THAT IN ANY INDICTMENT OR INFORMATION WHERE IT IS NECESSARY TO ALLEGE AN INTENT TO DEFRAUD IT SHALL BE UNNECESSARY TO NAME THE PERSON INTENDED TO BE DEFRAUDED AND THAT IT SHALL NOT BE A VARIANCE AND SHALL BE SUFFICIENT IF INTENT TO DEFRAUD ANY PERSON OR GROUP OF PERSONS OR LEGAL ENTITY IS PROVED.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 31, Title 11, Delaware Code, be and the same hereby is amended by adding the following new section thereto to be known as Section 3107:

§ 3107. Allegation of intent to defraud

Whenever it may be necessary, in any indictment or information, to allege an intent to injure or defraud, it shall be sufficient to allege an intent to injure or defraud without naming the particular person or body corporate intended to be injured or defrauded, and on the trial of the action it shall not be deemed a variance, but be deemed sufficient, if there appear to be an intent to injure or defraud the United States, or any state, territory, county, town, or other municipal or public corporation, or any public officer in his official capacity, or any private corporation, co-partnership, or member thereof, or any particular person or persons.

Section 2. No criminal proceeding commenced prior to the approval of this Act shall be in any manner affected hereby, but shall be governed by the law in force immediately prior to the approval hereof.

Approved July 7, 1955.