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" ... consider such variance not material to the merits of the case, and that the defendant cannot be prejudiced thereby in his defense on such merits, to order such indictment to be amended according to the proof... "
Precedents of Indictments - Σελίδα 2
των Thomas William Saunders - 1872 - 239 σελίδες
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

Parliamentary Papers, Τόμος 1

Great Britain. Parliament. House of Commons - 1850
...between such Statement and the Evidence offered in Proof in any other Matter or Thing whatsoever, it shall and may be lawful for the Court before which...not material to the Merits of the Case, and that the Person on his 20 Trial cannot be prejudiced thereby in his just Means of Defence, to order such Indictment,...

Lord Campbell's Acts, for the Further Improving the Administration of ...

Charles Sprengel Greaves - 1851 - 105 σελίδες
...or described, or in the ownership of any property named or described therein, it shall and may 'ue lawful for the Court before which the trial shall...merits of the case, and that the defendant cannot ie prejudiced thereby in his defence on such merits, to order.-spch indictment to be amended according...

The New Law of Indictments: Comprising Lord Campbell's Administration of ...

Robert Richard Pearce - 1851 - 94 σελίδες
...all matters and circumstances, if the Court before which the trial is proceeding shall consider the variance not material to the merits of the case, and that the defendant cannot thereby be prejudiced in his defence. Important changes are made in the form of indictments for murder,...

The Law Magazine, Or, Quarterly Review of Jurisprudence

1852
...made, and by simply leaving the power to do so at the discretion of the court, as is now stated, " if it shall consider such variance not material to...prejudiced thereby in his defence on such merits." This quite sufficiently limits the power. If courts cannot be trusted to apply so plain a principle,...

The New System of Criminal Procedure, Pleading and Evidence in Indictable ...

John Frederick Archbold - 1852 - 692 σελίδες
...therein named or described, — the court may order the indictment to be amended, if it consider the variance not material to the merits of the case, and that the defendant cannot be thereby prejudiced in his defence on the merits. 14 §• 15 Viet. c. 100, t. 1. Time.] Formerly, the...

The Jurist ..., Τόμος 15,Μέρος 2

1852
...described, or in the ownership of any property named or described therein, it shall and may be la'™ for the Court before which the trial shall be had, if it sb" consider such variance not material to the merits of the case, and that the defendant cannot be...

Reports of Cases in Criminal Law Argued and Determined in All the Courts in ...

Edward William Cox - 1853
...property 14 & 15 Viet, named or described therein, it shall and may be lawful for the court c- 10obefore which the trial shall be had, if it shall consider such variance not . , 777" ,. • ii r- ii ,< . ,* i » i T Admmmtmlnnt material to the merits of the case, and that...

The Courts and Their Jurisdiction: As Applicable to the Administration of ...

Jamaica - 1854 - 614 σελίδες
...whatsoever therein named or described, or in the ownership of any property named or described therein, it shall and may be lawful for the court before which...defendant cannot be prejudiced thereby in his defence in such merit?, to order such indictment to be amended according to the proof by some officer of the...

The Courts of Jamaica and Their Jurisdiction: The administration of ..., Μέρος 1

Jamaica - 1855 - 614 σελίδες
...named or described, or in the ownership of any property named or described therein, it shall and may he lawful for the court before which the trial shall...defendant cannot be prejudiced thereby in his defence in such merits, to order such indictment to be amended according to the proof by some officer of the...

Reports of Cases in Criminal Law Argued and Determined in All the ..., Τόμος 6

Edward William Cox - 1855
...whatsoever therein named or described, or in the ownership of any property named or described therein, it shall and may be lawful for the court before which...case, and that the defendant cannot be prejudiced therehy in his dr fence on such merits, to order such indictment to be amended according to the proof...




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