Defective indictment or information; dismissal; exceptions
Sec. 6. (a) An indictment or information is defective when:
(1) it does not substantially conform to the requirements of
section 2(a) of this chapter;
(2) the allegations demonstrate that the court does not have
jurisdiction of the offense charged; or
(3) the statute defining the offense charged is unconstitutional
or otherwise invalid.
(b) An information is defective if:
(1) the defendant was a grand jury target identified under
IC 35-34-2-12(a)(1);
(2) the offense alleged was identified on the record under
IC 35-34-2-12(a)(2) as an offense that the defendant allegedly
committed; and
(3) the grand jury proceeded to deliberate on whether to issue
an indictment, and voted not to indict the defendant for the
offense identified on the record under IC 35-34-2-12(a)(2).
However, if the prosecuting attorney shows that there is newly
discovered material evidence that was not presented to the grand jury
before the grand jury's failure to indict, then the information is not
defective.
(c) Except as provided in section 5 of this chapter, an indictment
or information or a count thereof shall be dismissed upon motion
when it is defective.
As added by Acts 1981, P.L.298, SEC.3. Amended by P.L.312-1985,
SEC.1; P.L.3-1990, SEC.121.
Last modified: May 24, 2006