CHAPTER 806

CRIMINAL PROCEDURE: CIRCUIT COURTS

 

Construction of Chapter

Section

806-1 Definitions

806-2 Inapplicable to district courts

 

Indictment and Information, Generally

806-6 Use of; furnishing of copy

806-7 Preparation of indictment, complaint, or information;

true bill by grand jury

806-8 Prosecution where indictment not essential

806-9 Information, laws applicable

806-10 Form

806-11 Disposal of firearms

 

Venue

806-16 Venue; how stated

806-17 Circuits constitute district for criminal trial by

jury

806-18 Change of venue

 

Joinder of Offenses and of Defendants

806-21 Joinder of defendants; accessories, receivers

806-22 Joinder of charges against defendant

806-23 Misjoinder

 

Indictment and Information, Averments, Defects

806-26 Meaning of words and phrases

806-27 Indictment; defects and omissions

806-28 Characterization of the act

806-29 Exceptions need not be negatived

806-30 Alternative allegations

806-31 Indirect allegations

806-32 Repugnancy

806-33 Surplusage

806-34 Sufficiency of averments as to offense and transaction

806-35 Property owned by more than one

806-36 Property owned by corporation

806-37 Money, etc., how described

806-38 Instrument, how described

806-39 Same

806-40 Document of title

806-41 Ownership, not necessary to allege when

806-42 Second offense

 

Arraignment; Pleadings and Motions

806-46 Objections to indictment

806-47 Bill of particulars

806-48 Postponement

806-49 Arraignment; plea of not guilty

806-50 Standing mute

806-51 Plea of autrefois convict or acquit

 

Dismissal

806-56 Nolle prosequi

 

Trial; Evidence and Presumptions; Depositions

806-60 Jury of twelve required

806-61 Waiver of jury

806-62 Trial; order of proof and argument

806-63 Defense

806-64 Repealed

806-65 Depositions, right to inspect

806-66 Repealed

 

Sentence; Probation

806-71 Sentence

806-72 Probation officers

806-73 Duties and powers of probation officers; adult

probation records

 

General Provisions

806-76 Court proceedings; reports to county clerk

 

Information Charging

806-81 Definitions

806-82 Prosecution of felonies by written information

806-83 Felonies for which criminal charges may be instituted

by written information

806-84 Exhibits

806-85 Probable cause

806-86 Procedure for motion to dismiss

806-87 Evidence at hearing on motion to dismiss

806-88 Ruling on motion to dismiss

 

Note

 

As to procedural statutes superseded by the rules of court, see note preceding Title 32.

 

Case Notes

 

As the plain language of 806-2 limits the application of the criminal procedure provisions of this chapter to the circuit courts, the appellate court erred by extending the application of 806-28 to the district courts. 127 H. 48, 276 P.3d 617 (2012).

 

 

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