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RCW 10.37.056

Indictment or information—Certain defects or imperfections deemed immaterial.

Applied in 9 court decisions — leading case State v. Tvedt (2005)

Most recently applied in State v. Walker (February 2010)

1891 c 28 s 30; Code 1881 s 1015; 1873 p 227 s 198; 1869 p 242 s 193; RRS s 2066

How often courts cite this section

19611970198019902000201020
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

No indictment or information is insufficient, nor can the trial, judgment or other proceedings thereon be affected, by reason of any of the following matters, which were formerly deemed defects or imperfections:

(1) For want of an allegation of the time or place of any material fact, when the time and place have been once stated;

(2) For the omission of any of the following allegations, namely: "With force and arms," "contrary to the form of the statute or the statutes," or "against the peace and dignity of the state;"

(3) For the omission to allege that the grand jury was impaneled, sworn, or charged;

(4) For any surplusage or repugnant allegation or for any repetition, when there is sufficient matter alleged to indicate clearly the offense and the person charged; nor

(5) For any other matter which was formerly deemed a defect or imperfection, but which does not tend to the prejudice of the substantial rights of the defendant upon the merits.

Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.