Miscellaneous definitions

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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.


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