Rule RCr 6.10 – Requisites of indictment or information

May 13, 2021 | Criminal Procedure, Kentucky

(1) The, indictment or information shall contain a caption setting forth the name of the court and the names of the parties, and the caption shall he a part of the indictment or information.
(2) 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 offense charged.
(3) Allegations made in one count may be incorporated by a reference in another count. It may be alleged in any count that the means by which the defendant committed the offense are unknown or that the defendant committed it by one or more specified means. The indictment or information shall state for each count the official or customary citation of any applicable statute, rule, regulation or other provision of law which the defendant is alleged therein to have violated; but error in the citation or its omission shall not be ground for dismissal of the indictment or information or for reversal of a conviction if the error or omission did not mislead the defendant to his or her prejudice.
(4) The date on which it was returned in open court shall be endorsed on the indictment by the clerk.

Ky. R. Crim. P. RCr 6.10

Amended by Order 98-3, eff. 3-1-99; prior amendments eff. 9-1-81 (Order 81-5), 7-1-79, 1-1-78; adopted eff. 1-1-63