Chapter 601: Indictments, Informations, and Complaints

No person shall be tried for any offense, the punishment of which may be death or imprisonment for more than one year, unless upon an indictment found against such person by the grand jury of the county or judicial district thereof in which the offense is committed or is triable.

Any person who has been bound over or committed by a justice or circuit court under provisions of RSA 592-A:4-a or 592-A:6 for trial in the superior court upon a complaint charging a crime not punishable by death, and who desires to waive indictment, may apply in writing to the superior court for prompt arraignment upon such complaint. Upon the filing of such a motion, the county attorney may, with the approval of the court, proceed against the defendant by complaint, and in such case the defendant shall be held to answer and the court shall have as full jurisdiction of the complaint as if an indictment had been found. The arraignment of the defendant shall be at such time as the court may designate. Every person when so committed or bound over upon such a complaint shall be notified by the court of his or her right to apply for waiver of indictment and prompt arraignment as aforesaid.

If the attorney general or the county attorney desires to charge a defendant making application under RSA 601:2 with a crime or crimes not punishable by death other than a crime charged in the complaint upon which the defendant has been committed, the attorney general or the county attorney may, before consenting to such application, prepare a complaint or complaints charging such other crime or crimes and serve the same upon the defendant in order that he may have an opportunity to waive indictment upon such other charges. The superior court shall by rule establish forms for application to waive indictment under this chapter and may by rule make such other regulations of procedure under this chapter as justice may require.

If there is no provision in RSA 601:2 or 3, any county attorney may charge a person with a felony not punishable by death by preparing a complaint charging such felony and serving the same on the defendant in order that the defendant may have an opportunity to waive indictment on such felony, and if the defendant does so waive indictment, and the superior court approves the waiver, after an affidavit of service on the defendant has been filed, the defendant shall be held to answer and the superior court shall have as full jurisdiction of the complaint as if an indictment had been found.

An indictment, information or complaint is sufficient if it sets forth the offense fully, plainly, substantially and formally, and it is not necessary to set forth therein the special statute, bylaw or ordinance on which it is founded.

When an intent to defraud is necessary to constitute any offense, it is sufficient to allege in the indictment or information such intent generally, and proof of an intent to defraud some person or body corporate is competent to support such indictment or information.

In indictments charging any degree of murder, including capital murder, it is not necessary to set forth the manner in which or the means by which the death of the deceased was caused, but it is sufficient in an indictment for murder to charge the culpable mental state applicable and, where appropriate, the particular circumstances set forth in RSA 630:1, I, RSA 630:1-a, I, or RSA 630:1-b, I, constituting an element of the offense charged, and in an indictment for manslaughter to charge the culpable mental state applicable and, where appropriate, the particular circumstances set forth in RSA 630:2 constituting an element of the offense charged.

The crime of murder shall not be charged in the same indictment with the offense of concealing the death of a newborn child.

It is not necessary, in an indictment for assault and battery, to allege that any preliminary proceedings have been had in the case before a justice or district or municipal court.

No indictment, complaint, return, process, judgment or other proceeding in any criminal case in the courts or course of justice shall be abated, quashed or reversed for any error or mistake where the person or case may be rightly understood by the court, nor through any defect or want of form or addition, and courts and justices may, on motion, order amendments in any such case.

In a complaint or indictment in any case arising under RSA 647:1, a lottery may be described as a pretended lottery, which shall be sufficient, whatever the proof may be, and it shall not be necessary to allege or prove, upon trial, who is the owner of the property, nor who manages, conducts, or draws the lottery, or participates therein.