![]() ![]() To survive a motion to dismiss, an indictment (together with a bill of particulars, if any. 277, § 79 contain sufficient descriptions of the crimes listed therein. An indictment or complaint must, however, set forth all the elements of the crime charged and if a statute does not contain all those elements, an indictment or complaint drawn in terms of that statute is insufficient. "The words used in a statute to define a crime, or other words conveying the same meaning, may be used." G.L. The statement of the charges can be in the form of a description of the criminal act or in the form of a legal term descriptive of the act. 9(a)(2), (b)), a single caption is sufficient. Although the indictment or complaint may contain more than one count (see Mass.R.Crim.P. A caption is required for indictments and complaints by G.L. ![]() Rule 4(a) is a restatement of Massachusetts statutory law. Rule 39: Records of foreign proceedings and notice of foreign law.Rule 35: Depositions to perpetuate testimony.Rule 33: Counsel for defendants indigent or indigent but able to contribute. ![]()
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