The nature, object, and validity of an indictment is the next subject of inquiry.

An indictment is a written accusation presented by a grand jury under oath charging one or more persons with a criminal offense.1 This instrument is composed of three parts: the caption, the body, and the conclusion. On the return of an indictment into open court by a grand jury, it passes into the record of the court and becomes effectual; it requires no further authentication.2

Constitutional or statutory provisions exist giving the caption and conclusion of an indictment. The constitution of Illinois provides that "all prosecutions shall be carried on in the name of the people of the State of Illinois, and shall conclude against the peace and dignity of the same."3 Therefore, an indictment which does not conclude against the peace and dignity of the people of the state is a nullity. The constitution requires that such shall be the conclusion of every indictment.4 An indictment concluding with the words "contrary to the form of the statute" indicates a prosecution based on a statute and not the common law.5

1 Blackstone Com., 302.

2 Hughes' Cr. Law, Sec. 269;

State vs. Ivey, 100 N. C., 539;

4 Blackstone Com., 301. 3 111. Const., Art. 6, Sec. 33.

4 Rice vs. State, 3 Heisk (Tenn.), 215. 5 Town of Paris vs. People. 27

Ill., 75.

The caption or commencement of an indictment is not a part of the count. It stands for each count and is only the caption; and an error as to the time stated in the caption does not vitiate the indictment.6