What is the test for a criminal charge of sexual assault in a federal criminal indictment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Michunovich, 914 F.2d 264 (9th Cir. 1990):
This court has observed that "[a]n indictment must state the essential facts to apprise the defendant of the charges against him so that the defendant may prepare a defense, but the indictment may be construed to include facts necessarily implied by the allegations." United States v. Broncheau, 597 F.2d 1260, 1263 (9th Cir.), cert. denied, 444 U.S. 859 (1979).
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