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" 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 591
1902
Пълен достъп - Информация за книгата

The Codes and Statutes of California, as Amended and in Force at the Close ...

California - 1886 - 992 страници
...insufficient, nor can the trial, judgment, or other proceeding thereon be affected 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; •Amendments...

The American Decisions: Containing All the Cases of General Value ..., Том 71

1886 - 898 страници
...insufficient, nor can the trial, judgment, or other proceeding thereon be affected by any defect which doe* not tend to the prejudice of the substantial rights of the defendant on the merits:" Grim. Code, sec. 129. The act of 1853—4, and the provisions of the code of practice,...

The American Decisions: Containing All the Cases of General Value ..., Том 85

1887 - 892 страници
...matter alleged to indicate the crime and person charged; nor 7. For any other defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits." In view of these statute provisions we mast hold the indictment good beyond question....

The Kentucky Law Reporter, Том 8

Edward Warren Hines, William Pope Duvall Bush, John Cleland Wells, Frank L. Wells, Findlay Ferguson Bush, Horace C. Brannin, William Cromwell, W. J. Chinn, Walter G. Chapman, R. G. Higdon, Thomas Robert McBeath - 1887 - 1032 страници
...is insufficient, nor can the trial, judgment, or other proceeding thereon be affected by any defect which does not tend to the prejudice of the substantial rights of the defendant on the merits. " The provision supra of the old Code wae left out of the present Code of Practice....

The Southwestern Reporter, Том 1

1887 - 1076 страници
...matter alleged to indicate the crime and person charged, * * * nor for any other defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant on the merits." Section 1821. With such a broad statute in view, the indictment here, though lamentably...

The Northwestern Reporter, Том 37

1888 - 1068 страници
..."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 substanti;il rights of the defendant upon the merits." Those quotations show the intent, of the legislature...

The New York Supplement, Том 98

1906 - 1408 страници
...indictment is not insufficient, nor is the trial, judgment, or other proceeding 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, and that all technical objections must be disregarded which do not prejudice the defendant...

Reports of Cases Decided in the Court of Appeals of the State of ..., Том 107

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1888 - 834 страници
...insufficient, nor can the trial judgment or other proceedings thereon be affected by reason of any imperfection in matter of form, which does not tend...to the prejudice of the substantial rights of the defendants upon the merits." (Code of Grim. Pro.§ 285.) It would be sacrificing substance to form...

Proceedings of the ... Annual Meeting of the Arkansas State Bar ..., Том 7

Arkansas State Bar Association - 1888 - 134 страници
...failed to attach his seal to any writ, transcript or record, nor for any other defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits. We further recommend that Sections 2108-9 of Mansfield's Digest, which prohibit the...

Arkansas Reports: Cases Determined in the Supreme Court of the State ..., Том 63

Arkansas. Supreme Court - 1897 - 700 страници
...is insufficient, nor can the trial, judgment or other proceeding thereon be affected by any defect which does not tend to the prejudice of the substantial rights of the defendant on the merits." Sand. & H. Dig., sees. 2090, 2074, 2076. If it be conceded that there is a repugnancy...




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