Prosecutions - indictment or information

• Currency: Current through 11/8/2022 Election
• Citation: Colo. Const. art. II § 8

Until otherwise provided by law, no person shall, for a felony, be proceeded against criminally otherwise than by indictment, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger. In all other cases, offenses shall be prosecuted criminally by indictment or information.

Cite as Colo. Const. art. II § 8

Source:

Entire article added, effective August 1, 1876, see L. 1877, p. 29.

ANNOTATION

Law reviews. For article, "By Leave of Court First Had", see 8 Dicta 10 (May 1931). For article, "By Leave of Court First Had", see 8 Dicta 14 (June 1931).

This section directs that felony proceedings must be initiated by indictment and authorizes the general assembly to provide alternative methods of proceeding. Falgout v. People, 170 Colo. 32, 459 P.2d 572 (1969).

This section recognizes but two methods whereby person may be proceeded against criminally in the courts: the one method is by indictment; the other, by information. People v. Gibson, 53 Colo. 231, 125 P. 531 (1912).

Information is written accusation of crime preferred by prosecuting officer without the intervention of a grand jury. It is used in the constitution in the common-law sense of the term, that is, an accusation preferred, as at common law, by the public prosecutor. People v. Gibson, 53 Colo. 231, 125 P. 531 (1912).

There is no constitutional guarantee of grand jury indictment. Losavio v. Robb, 195 Colo. 533, 579 P.2d 1152 (1978).

No constitutional provision forbids indictments and informations as concurrent remedies when surrounded by proper regulations and safeguards. Falgout v. People, 170 Colo. 32, 459 P.2d 572 (1969).

General assembly may provide for prosecuting misdemeanors before justices of the peace, upon sworn complaint or other information. In re Constitutionality of House Bill No. 158, 9 Colo. 625, 21 P. 472 (1886).