State v. Shroyer

I am of the opinion that the jurisdiction of the district court "was not invoked" by the information, and that its amendment at the trial court's suggestion was unauthorized.

The Fifth Amendment to the Federal Constitution which has application only to crimes against the United States, provides among other things, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury * * *."

The Federal courts have consistently held that this requirement cannot be waived, that it is jurisdictional, and that a judgment and sentence of…