Legal Opinion · Dissent

Commonwealth v. Smith

Kentucky Supreme Court

Decided March 26, 1976Published

1DissentClayton, Justice

I am not persuaded by the arguments forwarded in the majority opinion that the indictment in this case was deficient. In setting out the requisites of an indictment or information, RCr 6.10(2) states:

“The indictment or information shall contain, and shall be sufficient if it contains, a plain, concise and definite statement of the essential facts constituting the specific offense with which the defendant is charged. It need not contain any other matter not necessary to such statement, nor need it negative any exception, excuse or proviso contained in any statute creating or defining the…

2Cases cited1 opinion

  1. Ward v. CommonwealthCourt of Appeals of Kentucky · 1969

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