INDICTMENTS
See also: ARRESTS
CHARACTER § 7. Impeachment of Character Witnesses; CONVICTIONS; PROSECUTION
In a criminal case, the court may submit a copy of the indictment to the jury, so long as a limiting instruction is given advising that the indictment is not to be considered evidence of guilt.{footnote}United States v. Scales, 594 F.2d 558, 561-62 (6th Cir.), cert. denied, 441 U.S. 946, 99 S.Ct. 2168, 60 L.Ed.2d 1049 (1979).{/footnote} A summary of the indictment may also be provided.{footnote}United States v. Scales, 594 F.2d 558, 562 (6th Cir.), cert. denied, 441 U.S. 946, 99 S.Ct. 2168, 60 L.Ed.2d 1049 (1979).{/footnote}
Reading to Jury in Opening Statement
See ALR annot on opening statements & dismissals
As Judicial Admission
An information in another criminal proceeding has been held not to be a judicial admission of the prosecution.{footnote}State v. Smith, 608 A.2d 63, 73-74 (Conn. 1991).{/footnote} Where an accused has plead guilty or nolo contendere to an indictment, the indictment is admissible against the accused in any subsequent civil or criminal proceeding arising out of the same conduct.{footnote}Arneson v. Fox, 28 Cal.3d 440, 450, 170 Cal. Rptr. 778, 621 P.2d 817 (1980) ("The indictment was introduced as an exhibit . . . and by reason of appellant’s nolo plea, all facts alleged therein stand admitted."){/footnote}
INDIRECT EVIDENCE
See EVIDENCE–Direct and Circumstantial.