 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 Ohio Law Journal - Halaman 2911884Tampilan 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... | |
 | New York (State)., New York (State). Commissioners on Practice and Pleadings - 1850 - 558 halaman
...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. § 303. Neither presumptions of law, nor matters of which judicial notice is taken, need be stated... | |
 | Oregon - 1855 - 670 halaman
...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. 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
...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." It is insisted that this provision of law authorizes this court to overlook the errors in the record... | |
 | 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 - 1865 - 722 halaman
...G. & H., provides that the indictment may not be quashed or set aside for any defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits ; and by section 62 it is further provided that, " neither presumptions of law, nor matters of which... | |
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