information

the Constitution refers to informations, as a form of prosecution, to punish an offender, without the intervention of a grand jury

The communication of material facts for the first time. 4 M. & W. 24. In French Law. The act or instrument which contains the depositions of witnesses against the accused. Poth. Proc. Civ. § 2, art. 5. In Practice. A criminal information is an accusation or a complaint exhibited against a person for some criminal offense. It differs principally from an indictment in this, that an indictment is found upon the oath of twelve men and an information is only the allegation of the officer who exhibits it. 4 Bl. Comm. 308. It is a prosecution originating with an officer, but may originate with a private citizen,^ but its object is, not compensation to the informer, but solely the public advantage. 67 Mo. 379. Informations "are of two sorts; first, those which are partly at the suit of the king and partly at that of a subject; and secondly, such as are only in the name of the king." And the last "are of two kinds; first those which are tijuly and properly his own suits, and filed ex officio by his own officer, the Attorney-General; and secondly, those in which, though the King is the nominal prosecutor, yet it is at the relation of some private person or common informer. 12 Conn. 452. Criminal Informations are analogous to declarations for the redress of a personal injury, except that the latter are at the suit of a subject for the satisfaction of a private wrong, and the former are in the name of the King, for the punishment of offences affecting the interests of the public. 20 N. H. 296. 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." The term is also applied to the pleadmg by which proceedings by the government, INFORMATION IN THE NATURE OF A quo warranto. A proceeding against the usurper of a franchise or office. See "Quo Warranto."

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

In practice. An accusation exhibited against a person for some criminal offense, without an indictment. 4 Bl. Comm. 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. Crim. Proc. § 141; People v. Sponsion, 1 Dak. 289, 46 N. W. 459; Goddard v. State, 12 Conn. 452; State, v. Ashley, 1 Ark. 279; Clepper v. State, 4 Tex. 246. The word is also frequently used in the law in its sense of communicated knowledge, and affidavits are frequently made, and pleadings and other documents verified, on "information and belief."

In French law. The act or instrument which contains the depositions of witnesses against the accused. Poth. Proc. Civil, § 2, art. 5.

— Criminal information. A formal accusation of crime, differing from an indictment only in that it is preferred by a prosecuting officer instead of by a grand jury. U. S. v. Borger (C. C.) 7 Fed. 193; State v. Barrell, 75 Vt. 202, 54 Atl. 183, 98 Am. St. Rep. 813.
—Information in the nature of a quo warranto. A proceeding against the usurper of a franchise or office. See Quo Warranto. -

— Information of intrusion. A proceeding instituted by the state prosecuting officer agninst intruders upon the public domain. See Gen. St. Mass. c. 141; Gom. v. Andre's Heirs, 3 Pick. (Mass.) 224; Com. v. Hite, 6 Leigh (Vat) 588, 29 Am. Dec. 226.

A proceeding in behalf of the sovereign, used both as a criminal prosecution and as a civil remedy in chancery, and, in England, in the court of exchequer, and by way of information in the nature of a writ of quo warranto, the latter being most commonly used as a private remedy to try the right to an ofl Sce or franchise. So called

In practice. An accusation exhibited against a person for some criminal offense, without au indict. ment. 4 Ll. Comm. 308. An accusation in the nature of an indictment, from which it differs only in being presented by a competent public oflicer on his oath of oflice, instead of a grand jury on their oath. 1 Bish. Crim. Proe. § 141. The word is also frequently used in the law in its sense of communicated knowledge, and affidavits are frequently made, and pleadings and other documents verilied, on “information and belief.”.

In French law. The act or instrument which contains the depositions of witnesses against the accased. Toth. Proc. Civil, § 2, art. 5. INFORMATION IN THE NATURE

s Knowledge imparted or obtained. See Belief; Communication. In a statute intended to prevent physicians from disclosing "information" acquired from patients, comprehends knowledge acquired in any way while attending a patient, whether by the physician's own insight, or by verbal statement from the patient, from members of his household, or from nurses or strangers, given to aid the physician in the performance of his duty. Knowledge, however communicated, is information.* An answer to a decoy letter written in a fictitious name, giving " information " of an article reputed to prevent conception, was held not to be within the meaning of a statute prohibiting the mailing of obscene matter.* 3. A complaint preferred on behalf of the government in a civil cause. Bill of information. A bill in equity filed by the attorney-general, or other proper officer, in behalf of the state or of those ' Conley v. Nallor, 118 U. S. 127, 133, 134-35 (1880), cases. Woods, J. See further, as to gifts or conveyances, Nichols v. Mc Carthy, 53 Conn. 814-21 (1885), cases; Woodbury ii. Woodbury, 141 Mass. 331-38(18 0), cases; Dunn v. Dunn, 42 N. J. E. 481 (1886); DaviS v. Dean', 66 Wis. 110-11 (1886). cases; Bingham v. Fayerweather, 144 Mass. 51 (1887), cases; June u. Willis, 30 F. E. 11, 14 (1887), oases; Hall V. Knappenberger, Sup. Ct. Mo. (1888): 26 Cent. Law J. 317; ih. 319-22 (1888), cases; 3 Mc Crary, 050; 69 Cal. 500; 12 Mo. Ap. 298, 314; 34 N. J. E. 570; 1 Story, Eq. §§ 237-88; — as to wills, 22 Cent. Law J. 173 (1880), cases; 28 AJa. 107; 69 Ga. 89; 22 Kan. 79; 99 Mass. 112; 58 Mich. 106; 63 N. Y. 504; 88 id. 857; 41 Pa. 817; 43 id. 46; 76 id. 114. '' Thompson v. Hawks, 14 F. R. 902 (1883), Gresham, D. J.; ib. 905, note. See Lyon v. Home, L. E., 6 Eq. *655 (1868); Robinson v. Adams, 62 Me. 869 (1S74); Smith's Will, 52 'Wis. 543,(1881); 86 Am. Law Reg. 23- 81 (1887), cases. L. i'n-/o)-ma)'e, toputintoshape:/orma, form. See Informatus. * Bdington v. Mut. Life Ins. Co., 5 Hun, 8 (1875): 2N. whose rights are the objects of its protection.! One method of redressing such injuries as the crown may receive from the subject is by an information filed in the excliequer by the king's attorneygeneral. This is a suit for recovering money or other chattel, or for obtaining satisfaction in damages for any personal wrong committed in the lands or other possessions of the crown. It differs from an information filed in the court of king's bench, in that this is instituted to redress a private wrong by which the property of the crown is affected; that is, is calculated to punish some public wrong, or heinous misdemeanor. It is grounded on no writ under seal, but merely on the intimation of the king's officer, who " gives the court to understand and be informed of " the matter in question; upon which the party is put to answer, and trial is had, as in suits between subject and subject. The most usual informations are those of intrusion or trespass committed on the lands of the crown; and debt upon any contract for moneys due to the king, or for forfeiture upon breach of a penal statute. There is also an information in rem, when any goods are supposed to become the property of the crown, and no man appears to claim them. In the United States, the more familiar informations are informations in the nature of a quo warranto, proceedings against persons alleged to be usui-piug a franchise or oflice; and qui tarn informations — actions upon penal statutes, part of the penalty being for the use of the plaintiff; and proceedings to recover forfeitures imder the revenue laws. See further Qui Tam; Warkaktdk; Revenue. 3. A complaint lodged with a magistrate clothed with power to commit to prison, that a person named is guilty of a criminal offense. The purpose is to effect a summary conviction of the accused, or a holding to bail for indictment and trial. In the latter case, a paper, called the " information," containing the details of the complamt, the names of the witnesses, the hearing or hearings had, the judgment, items of costs, etc., is transmitted to the grand jury for use in finding their biU of indictment, and perhaps accompanies the indictment into court before the trial jury.' 4. A criminal proceeding at the suit of the king, without a previous indictment or presentment by a grand jury.< An "indictment" is an accusation found by the oath of a grand jury; an " information " is the allegation of a law-officer.' An information was filed in the king's bench at the mere discretion of the proper law-officer of the gov- ' [1 Bouvier's Law Diet. 245. = 3B1. Com. 261; 4 id. 308. See also 3 Pick. 324; 6 Leigh, 588; 15 Johns. *387. See Goddard v. State, 12 Conn. *451 (1838). ernment, and ex officio. It is sometimes called a " criminal " information.' Prosecution by criminal information as at common law having been used for oppression, the statute of 4 and B William & Mary (l(i9.3), c. 18, was passed, requiring express leave of court to institute the proceeding.* Under the laws of the United States, informations are resorted to in cases of illegal exportation of goods,' of smuggling,* and for offenses, not infamous, against the elective franchise.* See further Infamy. Informer. He who prefei-s a charge against another person by way of an information in a court exercising penal or criminal jurisdiction. Common informer. A person who sues for forfeitures created by penal statutes." Whether the information he gives applies to customs, internal revenue, criminal matters, or forfeitures for any reason, an informer is one who gives the information which leads directly to the seizure and condemnation, regardless of the questions of evidence furnished, or interest taken in the prosecution.' See Action, 2, Popular; Qui Tam; Moiety; Paruon.

A complaint against a person for some criminal or penal offence, filed by the proper officer, on behalf of the Crown or people, at his own discretion, on the relation or information of some private person; resembling in criminal cases an indictment, but not founded on the oath of a jury, and in civil cases like the bill or declaration; in each class the subsequent proceedings being as usual. An information in Chancery is a bill instituted by the Attorney-General on behalf of the Crown. An information in the Exchequer has its object to recover money due the Crown, or damages for an itilrnsion upon Crown lands. An information on a penal statute gives the informer a share in the penalty, v. Quo warranto, Quitam.

is an accusation or complaint made in writing to a court of competent jurisdiction, charging some person with a specific violation of some public law. It differs in nothing from an indictment in its form and substance, except that it is filed at the discretion of the proper law officer of the government, ez afficto, without the intervention or approval of a grand jury. 4 Bl. Com. 308, 9. Informations have for their object either to punish a crime or misdemeanor, and these have; perhaps, never been resorted to in the United States; or to recover penalties or forfeitures, which are quite common. Vide Blake’s Ch. 49; 14 Vin. Ab. 407; 3.Story Const. § 1780; 3 Bl. Com. 261.