No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits. The Federal Reporter - Страница 5911902Пълен достъп - Информация за книгата
| Francis Wharton - 1874 - 834 страници
...§ 6.) By an act passed at the session of 1872, no indictment shall be deemed insufficient for any matter of form which does not tend to the prejudice of the defendant. § 217. In Massachusetts : — " No indictment .... shall be quashed, or deemed Invalid,... | |
| 1883 - 662 страници
...indictment is insufficient, nor can the trial, judgment or other proceeding be affected by reason of an imperfection in matter of form which does not tend...prejudice of the substantial rights of the defendant upon the merits." Judgment of General Term, affirming judgment of conviction, affirmed. Opinion by... | |
| California, Theodore Henry Hittell - 1876 - 986 страници
...insufficient, nor can the trial, judgment, or other proceeding thereon be affected by reason of any ance, but it is to be construed by the a substantial right of the defendant upon its merits. 13.961. Presumptions of law, etc., need not be... | |
| Wyoming - 1876 - 882 страници
...averment of any matter not necessary to be proved ; nor for any other defect or imperfection which (Iocs not tend to the prejudice of the substantial rights of the defendant upon the merits. therein named or described, or in the name or description of any matter or thing whatsoever... | |
| Ohio - 1877 - 256 страници
...want of averment of any matter not necessary to be proved ; nor for any other delect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits. [66 v. 301, ^ 90 ] SEC. 5. Whenever, on the trial of an indictment, there appears... | |
| Ohio - 1878 - 618 страници
...want of averment of any matter not necessary to be proved ; nor for any other defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits. (Sayler, 2141, § 90t) Time. — Whore there are several counts in an indictment,... | |
| Jacob Conrad Davis - 1879 - 698 страници
...person charged; nor, 5. For any other matter which was formerly deemed a defect, or imperfection, but which does not tend to the prejudice of the substantial rights of the defendant upon the merits. SEC. 4307. Neither presumptions of law nor matters of which judicial notice is taken,... | |
| Joel Prentiss Bishop - 1880 - 862 страници
...offence intended to be charged ; and that it shall not be deemed insufficient by reason of any defect which does not tend to the prejudice of the substantial rights of the defendant on the merits." By construction whereof, the conclusion we are considering need not be employed.1 III.... | |
| New York (State) - 1881 - 946 страници
...insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason °f an imperfection in matter of form, which does not tend...the substantial rights of the , . , •, defendant, upon the merits. § 286. Neither presumptions of law, nor matters of which judicial notice is taken,... | |
| California - 1881 - 820 страници
...is'insufficient, nor can the trial, judgment, or other proceeding thereon be nffected by reason of any defect or imperfection in matter of form which does not tend to the prejudice of a. substantial right of the defendant upon its merits. [Amendment, approved April 9, 1880; t»i ejfccl... | |
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