Section 4.8 Form and Purpose of the Indictment or Information

• Library: Criminal Practice 2012 Supp

C. (§4.8) Form and Purpose of the Indictment or Information

The form and purpose of the indictment are found in Rule 23.01. Missouri appellate opinions hold that the purposes of an indictment or information are to inform the accused of the charges so that the accused can prepare an adequate defense and to prevent retrial on the same charge in case of an acquittal. SeeState v. Andrich, 943 S.W.2d 841 (Mo. App. E.D. 1997); State v. Glaese, 956 S.W.2d 926 (Mo. App. S.D. 1997); State v. Rotter, 958 S.W.2d 59 (Mo. App. W.D. 1997). Since the implementation of the Criminal Code in Missouri in 1979, the Supreme Court of Missouri has approved various forms for criminal charges, which are contained in Missouri Approved Charges–Criminal, known by its acronym as MACH-CR. Each form is followed by Notes on Use and is the approved, but not mandated, wording of the instructions. State v. Mitchell,611 S.W.2d 223 (Mo. banc 1981). For the most part, the forms authorized in MACH-CR are in the...