Rule 5-205 NMRA
Rule 5-205. Unnecessary allegations.
Length: 239 wordsOfficial source
A. Generally unnecessary allegations. It shall be unnecessary for a complaint,
indictment or an information to contain the following allegations unless such allegations
are necessary to give the defendant notice of the crime charged:
(1)
time of the commission of offense;
(2)
place of the commission of offense;
(3)
means by which the offense was committed;
(4)
value or price of any property;
(5)
ownership of property;
(6)
intent with which an act was done;
(7)
description of any place or thing;
(8)
the particular character, number, denomination, kind, species or nature of
money, checks, drafts, bills of exchange or other currency;
(9)
the specific degree of the offense charged;
(10)
any statutory exceptions to the offense charged; or
(11)
any other similar allegation.
B. Inclusion by state. The state may include any of the unnecessary allegations
set forth in Paragraph A of this rule in a complaint, indictment or information without
thereby enlarging or amending such complaint, indictment or information, and such
allegations shall be treated as surplusage the same as if contained in a statement of
facts.
C. Statement of facts. Upon motion of the defendant, the court may order the state
to file a statement of facts setting forth any or all of the unnecessary allegations set forth
in Paragraph A of this rule. Such statement of facts shall not enlarge or amend the
complaint, indictment or information, and such allegations shall be treated as
surplusage.