 | Arkansas. Supreme Court - 1873 - 782 σελίδες
...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 σελίδες
...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 σελίδες
...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 σελίδες
...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 - 1857 - 650 σελίδες
...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 - 1857 - 788 σελίδες
...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 - 1858 - 482 σελίδες
...the grand jurors were impanelled, sworn or charged. 6. For any surplus age or repugnant allegation, when there is sufficient matter alleged to indicate the crime and person charged. Nor, 7. For any other defect or imperfection which does not tend to the prejudice of the substantial right... | |
 | 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 σελίδες
...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... | |
 | Kansas - 1859 - 726 σελίδες
...grand jurors were impannelled, sworn or charged : Sixth, For any surplusage or repugnant 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 tend to the prejudice of the substantial... | |
 | 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 σελίδες
...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... | |
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... for any surplusage or repugnant allegation, when there is sufficient matter alleged to indicate the crime and person charged . . . nor for any other defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant... 
