§ 12-12-3. Formal defects in process not ground for abatement or quashing.
No indictment, information, complaint or criminal process shall be abated or quashed for any want of form, or because it omits to allege that the offense was committed or the act was done “feloniously,” “burglariously,” “willfully,” “maliciously,” or with “malice aforethought,” “unlawfully,” “negligently,” or with “force and arms,” or because it omits to characterize similarly the manner of the commission of the offense, or because it omits to allege the means by which the offense was committed or omits to allege the time and place of the commission of the offense, unless the description, characterization, means, time, or place is an essential element of the offense; provided, that it contains such allegation of the offense that the accused is informed of the nature and cause of the accusation.
History of Section.G.L. 1896, ch. 285, § 4; G.L. 1909, ch. 354, § 4; G.L. 1909, ch. 354, § 3, as enacted by P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 3; P.L. 1932, ch. 1954, § 1; G.L. 1938, ch. 625, § 3; G.L. 1956, § 12-12-3; P.L. 1974, ch. 118, § 11.
Structure Rhode Island General Laws
Chapter 12-12 - Indictments, Informations and Complaints
Section 12-12-1.1. - Capital or life offenses.
Section 12-12-1.2. - Felonies — Less than capital or life, penalty.
Section 12-12-1.3. - Lesser offenses, penalty.
Section 12-12-1.4. - Contents of indictments, informations and complaints.
Section 12-12-1.5. - Informations — Exhibits to be attached.
Section 12-12-1.6. - Defendant to receive copy of information.
Section 12-12-1.7. - Motion to dismiss information.
Section 12-12-1.8. - Hearing to determine probable cause.
Section 12-12-1.9. - Determining whether probable cause exists.
Section 12-12-1.10. - Dismissal of information — Effect.
Section 12-12-1.11. - “Indictment” construed.
Section 12-12-2. - Process in fictitious name or by description.
Section 12-12-3. - Formal defects in process not ground for abatement or quashing.
Section 12-12-4 - — 12-12-9. Repealed.
Section 12-12-10. - Variances of proof and immaterial mistakes.
Section 12-12-11. - Conditions not required to be negated in allegations.
Section 12-12-12. - Description of written instruments.
Section 12-12-13. - Allegations as to form of money.
Section 12-12-14. - Allegations as to statutory larceny.
Section 12-12-15. - Allegations in perjury indictments or informations.
Section 12-12-16. - Allegations as to property held jointly, in common, or by partners.
Section 12-12-17. - Statute of limitations.
Section 12-12-20. - Original and duplicates of charges to be filed.
Section 12-12-21. - “Designated assistants” defined.
Section 12-12-22. - Arraignments and pleas — Notices to aliens.