TITLE 11

Crimes and Criminal Procedure

Criminal Procedure Generally

CHAPTER 31. INDICTMENT AND INFORMATION


The different degrees of murder shall be distinguished in indictments.

Code 1852, § 2960; Code 1915, § 4828; Code 1935, § 5317; 11 Del. C. 1953, § 3102.;

In an indictment for forgery, it is sufficient to set forth the substance of the instrument whereof the forgery is alleged.

Code 1852, § 2961; Code 1915, § 4829; Code 1935, § 5320; 11 Del. C. 1953, § 3103.;

In an indictment for perjury, it is sufficient to set forth the substance of the offense charged, stating before whom or in what court the oath or affirmation was administered or taken, the general nature of the cause or proceedings, with the names of the parties and proper averments to falsify the matter wherein the perjury is assigned, without setting forth the complaint, answer, indictment, information, declaration or any part of any record, either in law or in equity and without setting forth the commission or authority of the court or person, before whom the perjury was committed.

Code 1852, § 2964; Code 1915, § 4833; Code 1935, § 5324; 11 Del. C. 1953, § 3104.;

Whenever it may be necessary, in any indictment or information, to state ownership of any property, real or personal, belonging to, or in the possession of more than 1 person, whether such persons be partners in trade, joint tenants, parceners or tenants in common, trustees or members of a joint stock company, it shall be sufficient to name 1 person only, and the property may be described as belonging to the person so named, and another or others, as the case may be.

Code 1852, § 2962; Code 1915, § 4830; Code 1935, § 5321; 11 Del. C. 1953, § 3105.;

When money, whether coins or paper money, is the subject of larceny, it shall be sufficient to describe the same in the indictment or information as "money of the aggregate value of.... dollars.''

In any indictment or information the words "money,'' "dollars'' or "cents'' shall be construed to mean lawful money of the United States.

19 Del. Laws, c. 268; Code 1915, § 4831; 29 Del. Laws, c. 265, § 1; Code 1935, § 5322; 11 Del. C. 1953, § 3106.;

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 an official capacity, or any private corporation, copartnership or member thereof, or any particular person or persons.

11 Del. C. 1953, § 3107; 50 Del. Laws, c. 403, § 1; 70 Del. Laws, c. 186, § 1.;

(a) In any indictment for a crime in which the identity of the accused is unknown, it is sufficient to describe the accused as a person whose name is unknown but who has a particular DNA profile.

(b) Definitions — In this section the following words have the meanings indicated.

(1) "Deoxyribonucleic acid (DNA)'' means the molecules in all cellular forms that contain genetic information in a patterned chemical structure of each individual.

(2) "DNA profile'' means an analysis that utilizes the restriction fragment length polymorphism analysis or polymerase chain reaction analysis of DNA resulting in the identification of an individual's patterned chemical structure of genetic information.

73 Del. Laws, c. 160, § 1.;