CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES (Chapters 263 through 280)
PROCEEDINGS IN CRIMINAL CASES
INDICTMENTS AND PROCEEDINGS BEFORE TRIAL
Negativing excuses, exceptions or provisos
Section 37. An excuse, exception or proviso not stated in the enacting clause of a statute creating a crime or stated only by reference to other provisions of the statute need not be negatived in the indictment unless necessary for a complete definition of the crime. If any statute shall prescribe a form of indictment in which an excuse, exception or proviso is not negatived, it shall be taken that it is not necessary to a complete definition of the crime that they should be negatived. If a statute creating a crime permits an act, therein declared to be criminal, to be performed without criminality under stated conditions, such conditions need not be negatived.