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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 South Western Reporter - Stran 417
1910
Celotni ogled - O knjigi

Reports of Cases at Law and in Equity Argued and Determined in ..., Količina 27

Arkansas. Supreme Court - 1873 - 782 strani
...complete offense. But no indictment is insufficient, nor can the trial, judgment, or other proceedings thereon, be affected by any defect which does not...substantial rights of the defendant on the merits. Criminal Code, sees. 121 to 129 inclusive. It is admitted by the appellant that the indictment contains...
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Reports of Cases at Law and in Equity Argued and Determined in ..., Količina 31

Arkansas. Supreme Court - 1877 - 810 strani
...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...
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The Code of Criminal Procedure of the State of New York

New York (State)., New York (State). Commissioners on Practice and Pleadings - 1850 - 558 strani
...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,...
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The Statutes of Oregon: Enacted, and Continued in Force, by the Legislative ...

Oregon - 1855 - 670 strani
...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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Količina 8

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 strani
...we think, apply here. It is imperative : no indictment may (which here means shall) be quashed for any defect which does not tend to the prejudice of...substantial rights of the defendant on the merits. The motion to quash the indictment, and that in arrest of judgment, based upon the same objections,...
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The Revised Code of the District of Columbia

District of Columbia - 1857 - 788 strani
...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...
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General Laws of the Territory of Kansas

Kansas - 1859 - 726 strani
...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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Količina 11

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 strani
...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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Količina 1

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 strani
...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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Količina 23

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 strani
...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...
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