Information

In French Law. The act or instrument which contains the depositions of witnesses against the accused.

Pothier, Proc. Civ. sect 2, art. 5.

In Practice. A complaint or accusation exhibited against a person for some criminal offence.

4 Bla. Com. 308.

An accusation in the nature of an indictment, from which it differs only in being presented by a competent public officer on his oath of office, instead of a grand Jury on their oath.

1 Bish. Cr. Proc. § 141.

It differs in. no respect from an indictment in its form and substance, except that it is filed at the mere discretion of the proper law officer of the government, e® officio, without the intervention of a grand Jury; 4 Bla. Com. 308. The process has not been formally put in motion by congress for misdemeanors, but is common in civil prosecutions for penalties and forfeitures; 3 Story, Const. 659. The information is usually made upon knowledge given by some other person than the officer called the relator. “It comes from the common law without the aid of statutes; 5 Mod. 459; it is a concurrent remedy with indictment for all misdemeanors except misprision of treason, but not permissible in any felony.”

Bish. Cr. Pr. § 14; Com. v. Inhabitants of Waterborough, 5 Mass. 257; CJom. V. Barrett, 9 Leigh (Va.) 665.

As to the power of a legislature to dispense with indictment, see Infamous Chime. A state law which permits the prosecution of felonies by information does not violate the United States Constitution; Bolin v. Nebraska, 176 U. S. 83, 20 Sup. Ct 287, 44 L. regarding the grand Jury; State v. Guglielmo, 46 dr.

250, 79 Pac. 677, 80 Pac. 103, 69