Louisiana Code of Criminal Procedure 934 – Miscellaneous definitions
Terms Used In Louisiana Code of Criminal Procedure 934
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Except where the context clearly indicates otherwise, as used in this Code:
(1) “Act” includes a failure or omission to perform a legal duty.
(2) “City” means a city, town, village, or other municipality.
(3) “Convicted” means adjudicated guilty after a plea or after trial on the merits.
(4) “Defendant” means a person who has been charged with or accused of an offense.
(5) “District Attorney” includes an assistant district attorney, and where the prosecution is in a city court, includes the prosecuting officer of that court.
(6) “Indictment” includes information and affidavit, unless it is the clear intent to restrict that word to the finding of a grand jury.
(7) “Institution of prosecution” means the finding of an indictment, or the filing of an information, or affidavit, which is designed to serve as the basis of a trial.
(8) “Oath” includes affirmation.
(9) “Person” includes an individual, partnership, unincorporated association of individuals, joint stock company, or corporation.
(10) “State” includes a city or other political subdivision of the state.
(11) “Statute” and “criminal law” mean a criminal statute, a constitutional provision, or an ordinance of a city or other political subdivision of the state.
(12) “Trial on the merits” means trial on the issue of guilt or innocence.