151 Rules applicable to particular indictments (1) In an indictment, summons or charge in respect of an offence relating to a testamentary instrument, it shall not be necessary to allege that the instrument is the property of any person. (2) In an indictment, summons or charge in respect of an offence relating to anything fixed in a square, street or open place, or in a place dedicated to public use or ornament or to any thing in or taken from a public place or office, it shall not be necessary to allege that the thing in respect of which the offence was committed is the property of any person. (3) In an indictment, summons or charge in respect of an offence relating to a document which is evidence of title to land or an interest in land, the document may be described as being evidence of the title of the person or some one of the persons having an interest in the land to which the document relates, the land or some part thereof being described in some manner sufficient to identify it. (4) In an indictment, summons or charge in respect of the theft of anything whatsoever let to hire to the o ffender, the thing may be described as the property of the person who actually let it to hire. (5) In an indictment, summons or charge against a person employed in the Public Service regarding an offence committed in respect of anything which came into his possession by virtue of his employment, the thing in question may be described as the property of the State. (6) In an indictment, summons or charge regarding an offence committed in respect of anything in the occupation or under the management of any public officer, the thing may be described as belonging to such officer without naming him. (7) In an indictment, summons or charge regarding an offence committed in respect of any property, movable or immovable, whereof any body corporate has by law the management, control or custody, the property may be described as belonging to such body corporate. (8) In an indictment, summons or charge regarding an offence in respect of any property, if it is uncertain to which of two or more persons the property belonged at the time when the offence was committed, the property may be described as being the property of one or other of those persons, naming each of them, but without specifying which of them, and the indictment, summons or charge shall be sustained, so far as regards the allegation of ownership, upon proof that at the time when the offence was committed the property belonged to one or other of those persons without ascertaining which of them. (9) In an indictment, summons or charge in respect of the theft of any property, if the property was not in the physical possession of the owner thereof at the time when the theft was committed, but was in the physical possession of another person who had the custody thereof on behalf of the owner, it shall be sufficient to allege that the property was in the lawful custody or under the lawful control of that other person. (10) In an indictment, summons or charge in which any trade mark or forged trade mark is intended to be mentioned, it shall be sufficient, without further description and without any copy or facsimile, to state that such trade mark or forged trade mark is a trade mark or forged trade mark. (11) In an indictment, summons or charge for housebreaking or for entering any house or premises with intent to commit an offence, whether the charge is made under the Criminal Law Code or under any other enactment, the indictment, summons or charge may either state the offence which it is alleged the accused intended to commit or may aver an intent to commit an offence to the prosecutor unknown. [Subsection amended by section 28 of Act 9 of 2006.] (12) In an indictment, summons or charge for robbing or theft from any grave, whether in a cemetery or burial place or not, it shall not be necessary to allege that any dead body or portion thereof or anything whatever in the grave is the property of any person. 152 Companies, firms and partnerships may be named in indictments by name, style or title (1) In every case in which it is necessary in an indictment, summons or charge to name any company, firm or partnership, it shall be sufficient to state the name of the company or the style or title of the firm or partnership, without naming any of the officers or shareholders of the company or any of the partners in the firm or partnership and an individual trading under the style or title of a firm may be described by such style or title. (2) It shall be sufficient where two or more persons not partners are joint owners of property to name one of such persons, adding the words “and another” or “and others”, as the case may be, and to state that the property belonged to the person so named and another or others, as the case may be. 153 Means or instrument by which act is done need not be stated It shall not in any indictment, summons or charge be necessary to set forth the manner in which or the means or instrument by which any act is done, unless the manner, means or instrument is an essential element of the offence. 154 In indictment for murder or culpable homicide charge as to fact sufficient It shall be sufficient in every indictment for murder to charge that the accused did wrongfully, unlawfully and maliciously kill and murder the deceased, and it shall be sufficient in every indictment for culpable homicide to charge that the accused did wrongfully and unlawfully kill the deceased.

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