Indictment
The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The Cyclopedic Law Dictionary
In criminal practice. A written accusation against one or more persons of a crime or misdertieanor, presented to, and preferred upon oath or affirmation by, a grand jury legally convoked.
4 Bl. Comm. 299; Co. Litt. 126; 2 Hale, P. C. 152; Bac. Abr.; Comyn, Dig.; 1 Chit. Grim. Law, 168.
An accusation at the suit of the crown, found to be true by the oaths of a grand jury. A written accusation of one or more persons of a crime or misdemeanor, preferred to and presented on oath by a grand jury, and by assent of twelve at least.
12 Conn. 452.
The word is said to be derived from the old French word inditer, which signifies to indicate, to show, or point out. Its object is to indicate the offense charged against the accused. Rey des Inst. I'Angl. torn.
2, p. 347.
A distinction has been taken between "indictment" and "presentment," the former by it found to be "a true bill"; while the latter is a return made by the grand jury of its own motion, upon which a bill of indictment was subsequently framed.
4 Bl. Comm. 301; 7 Grat. (Va.) 631.
This distinction is no longer of much practical importance; an indictment in modern practice being both a finding and a presentment.
See 9 Gray (Mass.) 290.