 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 Northeastern Reporter - Page 3761908Full view - About this book
 | Arkansas. Supreme Court - Law reports, digests, etc - 1873 - 782 pages
...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 - Law reports, digests, etc - 1877 - 810 pages
...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... | |
 | Oregon - Law - 1855 - 670 pages
...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... | |
 | 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 - Law reports, digests, etc - 1857 - 650 pages
...indictment or informatitm may be quashed for certain defects enumerated, concluding with, — "nor any other defect or imperfection which does not tend...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... | |
 | District of Columbia - Law - 1857 - 788 pages
...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,... | |
 | Kansas - Session laws - 1859 - 726 pages
...allegation, when there is sufficient matter alleged to indicate the crime and person charged : Nor, Seventh, For any other defect or imperfection which does not...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 - Law reports, digests, etc - 1859 - 654 pages
...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 - Law reports, digests, etc - 1862 - 466 pages
...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 - Law reports, digests, etc - 1865 - 722 pages
...case." Ib. 403, sec. 50, c. 5. "No indictment or information may be quashed or set aside, etc., .... for any other defect or imperfection which does not...substantial rights of the defendant upon the merits." Ib. 404, sec. 51, c.~7. In the light of these statutory rules of pleading in criminal cases, we are... | |
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