1827. Averments as to elections.-186. When an offense is committed in relation to any election, an indictment or affidavit as to such offense shall be deemed sufficient if it allege that such election was authorized by law, without stating the names of the officers holding the election, or the persons voted for, or the offices to be filled at such election.

See notes to section 1818, Burns' R. S. 1901.

1828. Averment as to money.-187. In every indictment or affidavit for the offenses referred to in this act in which it is necessary to make an averment as to any money, or bank bills, or notes, United States treasury notes, postal orders or other bills, or notes issued by any lawful authority, and intended to pass and circulate as money, it shall be sufficient to describe such money, bills, notes or currency, simply as money, without specifying any particular coin, note, bill or currency, and such allegation shall be sustained by proof of any amount of coin, or of any such note, bill or currency, although the particular species of coin of which such amount was composed, or the particular nature of such note, bill or currency be not proved.

See notes to section 1819, Burns' R. S. 1901.

In criminal pleadings money need not be particularly described, but it is sufficient to allege generally a specified sum of money. Crawford v. State, 155 Ind. 692.

It is not sufficient to allege in an indictment the larceny of five dollars without alleging that such dollars constituted money. Whitson v. State, 160 Ind. 510.

1829. Written instrument-Description.-188. In all other cases, except forgery, when it is necessary to make an averment in an indictment or affidavit, as to any instrument, whether the same consists wholly or in part of writing, printing or figures, it shall be sufficient to describe such instrument by any name or designation by which the same is usually known, or by the purport thereof.

See note to section 1820, Burns' R. S. 1901.

1830. Forged instrument-Misdescription.-189. When an instrument which is the subject of an indictment or affidavit for forgery, or for uttering any forged instrument, has been destroyed, or is withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment or affidavit, and established on the trial, the misdescription of the instrument is immaterial.

See notes to section 1821, Burns' R. S. 1901.

1831. Names of partners, joint owners.-190. When any offense is committed upon or in relation to any property belonging to partners, or to several joint owners, or which, when the offense was committed, was in possession of a bailee or tenant, the indictment or affidavit for such offense shall be deemed sufficient, if it allege the ownership

of such property to be in such partnership by its firm name, or in any one of such partners, owners, bailors or bailees, tenant or tenants, without naming all of them; and in an indictment or affidavit for stealing, destroying or mutilating a will, codicil or other testamentary instrument, it shall not be necessary to allege that the will, codicil or other instrument, is the property of any person or of any value.

See notes to section 1822, Burns' R. S. 1901.

1832. When indictment sufficient.-191. The indictment or affidavit is sufficient if it can be understood therefrom:

First. That the indictment was found by the grand jury of the county, or the affidavit presented by the prosecuting attorney of the circuit in which the court was held.

Second. That the defendant is named or described, in an indictment, as a person whose name is unknown to the grand jurors, or, in an affidavit, unknown to the presecuting witness.

Third. That an offense was committed within the jurisdiction of the court, or is triable therein.

Fourth. That the offense charged is clearly set forth in plain and concise language, without unnecessary repetition, and,

Fifth. That the offense charged is stated with such a degree of certainty, that the court may pronounce judgment upon a conviction according to the right of the case.

See notes to section 1824, Burns' R. S. 1901.

Certainty to a common intent is all that is required in criminal pleadings, and when an offense is stated with such a degree of certainty that the court may pronounce judgment on conviction according to the right of the case, and the record will show for what the defendant was put in jeopardy, the pleading will be sufficiently certain. Nichols v. State, 28 App. 674.

1833. When not to be quashed.-192. No indictment or affidavit shall be deemed invalid, nor shall the same be set aside or quashed, nor shall the trial, judgment or other proceeding, be stayed, arrested or in any manner affected for any of the following defects:

First. For a mistake in the name of the court or county, in the title thereof.

Second. For the want of an allegation of the time or place of any material fact, when the venue and time have once been stated in the indictment or affidavit.

Third. That dates and numbers are represented by figures.

Fourth. For an omission of any of the following allegations, viz.: "With force and arms;" "contrary to the form of the statute;" or "against the peace and dignity of the State of Indiana."

Fifth. For an omission to allege that the grand jurors were impaneled, sworn or charged.

Sixth. For any surplusage or repugnant allegation, when there is sufficient matter alleged to indicate the crime and person charged.

Seventh. For the omission of the words "as appears by the record.” Eighth. For omitting to state the time at which the offense was committed, in any case in which time is not the essence of the offense, or for stating the time imperfectly, unless time is of the essence of the offense.

Ninth. For omitting a statement of the value or price of any matter or thing or the amount of damages or injury in any case where the value or price or the amount of damages or injury is not of the essence of the offense.

Tenth

For any other defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits.

See notes to section 1825, Burns' R. S. 1901.

Criminal pleadings are not to be quashed for any defects or imperfections which do not prejudice the substantial rights of the defendant. Waggoner v. State, 155 Ind. 341; Selby v. State, 161 Ind. 667.

1834. Copy to accused.-193. Whenever requested by the accused, or his counsel, the clerk of the proper court shall make and deliver to the accused a copy of the indictment or affidavit: Provided, The person accused has been arrested.

1835. Pleadings by accused-Motion to quash.-194. The defendant may move to quash the indictment or affidavit when it appears upon the face thereof either:

First. That the grand jury which found the indictment had no legal authority to inquire into the offense charged.

Second. That the facts stated in the indictment or affidavit do not constitute a public offense.

Third. That the indictment or affidavit contains any matter which, if true, would constitute a legal justification of the offense charged, or other legal bar to the prosecution.

Fourth. That the indictment or affidavit does not state the offense with sufficient certainty.

See notes to section 1827, Burns' R. S. 1901.

1836. Accused, when not discharged.-195. If the motion to quash be sustained the defendant shall not be discharged, unless the court should be of opinion that the objection can not be avoided by a new indictment, or affidavit. And in case an indictment or affidavit is quashed, the court shall direct the case to be resubmitted to the grand jury which found the indictment, or to another grand jury, or the prosecuting attorney may file a proper affidavit against the defendant, charging him with the offense. And the court must detain the defendant in custody, or recognize him with sufficient surety, if the offense be bailable, to answer to the offense, and if necessary recognize the witnesses to appear and testify.

See notes to section 1829, Burns' R. S. 1901.

1837. Demand for trial or discharge.-196. In any case where the defendant is charged with a felony, upon indictment, and the indictment has been quashed, and no grand jury is in session, or when the cause has been appealed to the supreme court and reversed on account of defects in the indictment, he shall have the right to demand that he be prosecuted by affidavit without delay; and if the prosecuting attorney fails to so prosecute, the defendant shall be discharged from custody: Provided, That, upon a statement by the prosecuting attorney that he is unable to procure from any one the necessary affidavit, the court, in its discretion, may hold the defendant to await the action of the next grand jury.

See note to section 1830, Burns' R. S. 1901.

1838. Arraignment.-197. If the motion to quash be overruled, the defendant shall be arraigned by the reading of the indictment or affidavit to him by the clerk, unless he waive the reading; and he shall then be required to plead immediately thereto, either in abatement or in bar; but the court, for cause shown, may grant him further time to plead.

See notes to section 1831, Burns' R. S. 1901.

1839. Plea of not guilty-Special defense.-198. In all criminal prosecutions, except as in the next section provided, the defendant may plead the general issue orally, which shall be entered on the minutes of the court, and under it the defendant may show and prove on the trial that he has before had judgment of acquittal, or been convicted or pardoned for the same offense, or any matter of defense except insanity. But the defendant may plead specially any matter of defense.

See notes to section 1832, Burns' R. S. 1901.

1840. Plea of insanity.-199. When the defendant desires to plead that he was of unsound mind at the time the offense was committed, he himself or his counsel must set up such a defense specially in writing, and the prosecuting attorney may reply thereto by a general denial in writing.

See notes to section 1833, Burns' R. S. 1901.

1841. Acquittal for insanity.-200. When a person tried upon an indictment or affidavit for a public offense is acquitted on the sole ground that he was insane at the time of the commission of the offense, the fact shall be found by the jury in the verdict, or by the court, if tried by it, and the defendant shall not be discharged, but shall be forthwith proceeded against upon the charge of insanity; and the verdict of the jury or finding of the court shall be prima facie evidence of his insanity. The proceedings shall conform to those prescribed for the admission of the insane, but no preliminary statement in writing shall be required.

1842. Standing mute.-201. If a defendant stand mute or refuse to plead to an indictment or affidavit, a plea of not guilty must be entered by the court and the trial proceed.

See notes to section 1835, Burns' R. S. 1901.

1843. Plea of guilty, minor, parole.-202. If the accused plead guilty, said plea shall be entered on the minutes, and he shall be sentenced, or he may be placed in the custody of the sheriff until sentenced; and if an accused be under the age of twenty-one years, the court may, in its discretion, withhold sentence, and order that the accused be released during good behavior, and the court shall have full power to order his or her rearrest and to pronounce sentence whenever the conduct of the accused shall, in the opinion of the court, make such action proper.

See notes to section 1836, Burns' R. S. 1901.

When a minor pleads guilty to a criminal charge the court may release him during good behavior, and the court may afterwards cause such minor to be brought into court and then pass sentence upon him. Lee v. McClelland, 157 Ind. 84.

[Acts 1905, p. 584. In force April 15, 1905.]

1844. Affidavit for change. 203. The defendant may show to the court by affidavit that he believes that he can not receive a fair trial, owing to the bias and prejudice of the judge against him, or the excitement or prejudice against the defendant in the county or in some part thereof, and demand to be tried by disinterested triers.

See sections 1838-1849, Burns' R. S. 1901, and notes.

1845. Special judge. 204. In all cases where the change of venue. is taken from the judge, he may call any other judge of any circuit, criminal, superior or other court of general jurisdiction to preside in such case and try the same. In all cases where another judge may be called, if it shall be difficult, in the opinion of the court, for any cause to procure the attendance of such other judge, the court, to prevent delay, may appoint any competent and disinterested attorney of this