 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.  Pacific States Reports: Extra Annotated - Halaman 2471911Tampilan utuh - Tentang buku ini
 | Arkansas. Supreme Court - 1873 - 782 halaman
...insufficient, nor can the trial, judgment, or other proceedings thereon, be affected by any defect which does not tend to the prejudice of the substantial rights of the defendant on the merits. Criminal Code, sees. 121 to 129 inclusive. It is admitted by the appellant that the... | |
 | Arkansas. Supreme Court - 1877 - 810 halaman
...except where the time is a material ingredient in the offense." Such a defect, if it be one, could not tend to the prejudice of the substantial rights of the defendant, for he could not but understand that the offense was alleged to have been committed prior to the finding... | |
 | Francis Wharton - 1849 - 728 halaman
...are is settled by this court in the case of The People v. Phelps, decided at the last term), then no defect or imperfection in matter of form, which does not tend to the prejudice of the defendant, can be alleged against the indictment ; 2 RS 728, s. 52. Whether we apply to this case the... | |
 | New York (State)., New York (State). Commissioners on Practice and Pleadings - 1850 - 558 halaman
...upon a conviction, according to the right of the case. § 302. No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon...substantial rights of the defendant, upon the merits. § 303. Neither presumptions of law, nor matters of which judicial notice is taken, need be stated... | |
 | Oregon - 1855 - 670 halaman
...case. ™tu-™ '"f SEC. 13. No indictment shall be deemed insufficient, nor shall fo™i:(le(lhow the trial, judgment or other proceedings thereon be...substantial rights of the defendant upon the merits. SEC. 14. Neither presumptions of law nor matter of which judijtoted.not bec^ notice is taken, need... | |
 | District of Columbia - 1857 - 788 halaman
...matter alleged to indicate the offence and the person charged. 8. For any other defect or omission which does not tend to the prejudice of the substantial rights of the defendant upon the merits. SEC. 39. In pleading a judgment or other determination of a court or officer of special jurisdiction,... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1857 - 650 halaman
...quashed for certain defects enumerated, concluding with, — "nor any other defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant on the merits." 'We cannot imagine any words less material than those here complained of, and we are... | |
 | Kansas - 1859 - 726 halaman
...alleged to indicate the crime and person charged : Nor, Seventh, For any other defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits. preemption, of SEC. 97. Neither presumptions of law nor matters of which notice is taken, need be stated... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1859 - 654 halaman
...and person charged; nor, CEOMCHITE " Secenth. For any other defect or imperfection which THE STATE. does not tend to the prejudice of the substantial rights of the defendant upon the merits." The indictment in this case contains no formal title specifying the names of the parties, or the crime... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1862 - 466 halaman
...make it conform to law. Section 13, page 256, of the statutes, provides, that "no Howell v. State. indictment shall be decreed insufficient, nor shall...authorizes this court to overlook the errors in the record under consideration; but this provision of law only applies to the " insufficiency" of the indictment,... | |
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