Sec. 54-46. Prosecution on complaint or information.

See Sec. 54-56b re right to dismissal or trial on nolle.

See Sec. 54-56c re request for privileged trial status.

Section is constitutional. 60 C. 94; 135 C. 262. Information may be amended after evidence has been offered. 35 C. 319. As to particularity required. 39 C. 230; 93 C. 646. Must charge all essential elements of crime; 72 C. 606; 73 C. 407; thus, specific intent must be charged. 66 C. 250; 80 C. 614; 81 C. 699. Charging offense in words of statute. 66 C. 9; Id., 657; 72 C. 606; 73 C. 18; 80 C. 321; 81 C. 696; 83 C. 304; 97 C. 730, 735; 99 C. 117; or of city ordinance. 60 C. 106; 88 C. 715; 91 C. 68. If effect is to include acts not in purview of statute, it is not sufficient; 82 C. 321; 93 C. 646; a more particular description may limit proof. 80 C. 321. Necessity of negativing exception. 69 C. 198; 88 C. 353. Old rules as to strictness relaxed; 81 C. 696; general rule as to certainty. 85 C. 322. Aider by verdict; 68 C. 512; 81 C. 696; amendable defect not ground for new trial. 80 C. 614. Necessity of identifying person with reference to whom crime is committed; 66 C. 558; of correctly alleging date of crime. 81 C. 98. Alleging matters by legal effect; act of principal as act of agent. 69 C. 86. Allegation of former conviction. 68 C. 512; 94 C. 701; 96 C. 172. Against one as accessory. 82 C. 213. Conspiracy and acts done in pursuance of it may be alleged in one count; 75 C. 206; so keeping disorderly house and one where lewd persons resort, 66 C. 8; so keeping place for registering bets and selling pools. 66 C. 250. Merger defined; is a doctrine of very limited application. 99 C. 114; 108 C. 215. Identity of offenses. Id., 214. Cited. 151 C. 524; 153 C. 325; Id., 451. There is no federal constitutional impediment to dispensing entirely with grand jury in state prosecutions. 155 C. 367. Prosecution by information for infamous crime was not violation of defendant's rights under U.S. Constitution. 156 C. 391. Cited. 159 C. 264; 184 C. 597; 192 C. 671; 202 C. 443; 229 C. 691.

Cited. 22 CS 7. Not a denial of equal protection clause of fourteenth amendment of federal constitution to indict person by an information in larceny case. 25 CS 509.