Malone v. Commonwealth

Section 12 of the Kentucky constitution provides as follows:

No person, for an indictable offense, shall be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia, when in the actual service in time of war or public danger, by leave of court for oppression or misdemeanor in office.

*185An indictable offense is defined as one that carries an infamous punishment which includes offenses punishable by imprisonment in the state penitentiary. Lakes v. Goodloe, Ky. 195 Ky. 240, 242 S.W. 632 (1922). An indictment is of fundamental importance in…