What is the test for setting forth the offence in the words of the Criminal Code?

MultiRegion, United States of America

The following excerpt is from United States v. Bazar, Case No.: 15-CR-499-BEN (S.D. Cal. 2015):

"It is generally sufficient that an indictment set forth the offense in the words of the statute itself as long as 'those words themselves fully, directly, and expressly without any uncertainty or ambiguity set forth all the elements necessary to constitute the offence [sic] intended to be punished.'" Hamling v. United States, 418 U.S. 87, 117 (1974) (quoting United States v. Carll, 105 U.S. 611, 612 (1881)). When considering a motion

Page 2

to dismiss an indictment, "the district court is bound by the four corners of the [i]ndictment." United States v. Boren, 278 F.3d 911, 914 (9th Cir. 2002).

Other Questions


Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
What is the test for determining whether there are two offences, one offence and one offence, under Section 304 of the Criminal Code? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant under section 4A1.2(c)(2) of the Criminal Code? (MultiRegion, United States of America)
Is a section of the Criminal Code extending criminal liability beyond the express terms of the criminal code sufficient to be considered unconstitutional? (MultiRegion, United States of America)
How have the courts interpreted Section 894 of the Criminal Code in the context of an allegation that a defendant committed a criminal offence by sealing currency and receiving stolen currency? (MultiRegion, United States of America)
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (MultiRegion, United States of America)
What are the implications of section 2244 of the Criminal Code of Ontario's Criminal Code when it comes to sentencing sentences? (MultiRegion, United States of America)
Does Section 1326(b) create a criminal offence separate from the criminal offence? (MultiRegion, United States of America)
What remedies are available to a state criminal defendant who has been convicted of a federal offence under Section 1983 of the Criminal Code? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.