State v. Charity

I must respectfully dissent. The indictment is not a model and certainly should not be followed. However, measured by the standards for informations or indictments, as those standards have developed, I believe the indictment is not fatally defective.

V.A.M.R. Crim. Rule 23.01(b)(2) requires an indictment to “[s]tate plainly, concisely, and definitely the essential facts constituting the offense charged”. It “must adequately notify a defendant of the charge against him and constitute a bar to further prosecution for the same offense, .... ” Hodges v. State, 462 S.W.2d 786, 789 (Mo. 1971). Also…