 | Ohio - Session laws - 1869 - 472 pages
...variance shall not be deemed ground for an acquittal of the defendant, unless the court Itefore which the trial shall be had, shall find that such variance is material to the merits of the case or may be prejudicial to the defendant. SEC. 92. In any indictment for manslanghter, it shall not be... | |
 | Wyoming - Law - 1870 - 808 pages
...variance shall not be deemed ground for an acquittal of the defendant, unless the court before which the trial shall be had, shall find that such variance is material to the merits of the case, or may be prejudicial to the defendant. SEC. 86. In any indictment for manslaughter, it shall in indictment... | |
 | Ohio - 1881 - 630 pages
...be deemed ground for an acquittal of the defendant, unless the court before which the trial is had find that such variance is material to the merits of the case, or may be prejudicial to the defendant. Construction of section — This section abrogates, in our... | |
 | Law reports, digests, etc - 1911 - 1168 pages
...variance shall not be deemed ground for an acquittal of the defendant, unless the court before which the trial shall be had, shall find that such variance is material to the merits of the case or may be prejudicial to the defendant." The variance in the name does not appear to have been directly... | |
 | Law reports, digests, etc - 1921 - 1204 pages
...variance shall not be deemed grounds for an acquittal of the defendant, unless the court before which the trial shall be had shall find that such variance...prejudicial to the defense of the defendant." The Indictment aforesaid, Including caption and signature, reads as follows: "State of Missouri, County... | |
 | Law reports, digests, etc - 1892 - 1296 pages
...variance shall not be deemed grounds for an acquittal of the defendant, unle«s the court, before which the trial shall be had, shall find that such variance...material to the merits of the case, and prejudicial to tue defense of the defendant." Kev. St. 1S79, § 1820; Statev. Sharp. 71 Mo. 218; State v. Ballurd,... | |
 | Law reports, digests, etc - 1893 - 1324 pages
...for an acquittal of the defendant, unless the court before which the trial shall be had shall find such variance is material to the merits of the case,...and prejudicial to the defense of the defendant." Rev. St. 1889, § 4114. This objection should, in the first instance, have been made to the trial court.... | |
 | Law reports, digests, etc - 1908 - 1346 pages
...ground for an acquittal, unless the court before which the triol shall be had, shall find such variance material to the merits of the case and prejudicial to the defense of the defendant." After calling attention to the provisions of the section just quoted, this court then announced the... | |
 | Law reports, digests, etc - 1910 - 1386 pages
...described therein such variance shall not be deemed grounds for an acquittal, unless the court before which the trial shall be had shall find that such variance is material to the merit of the case and prejudicial to the defense of the defendant." A careful reading of this whole... | |
 | Missouri. Courts of Appeals - Law reports, digests, etc - 1889 - 764 pages
...0tlUcls for an acquittal of the defendant unless the before which the trial was had shall find that variance is material to the merits of the case and prejudicial to the defense of the defendant. State v. Smith, 80 Mo. 520. The defendant's first ground of appeal cannot, therefore, for these reasons,... | |
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... not be deemed grounds for an acquittal of the defendant, unless the court before which the trial shall be had shall find that such variance is material to the merits of the case and prejudicial to the defense of the defendant. 
