 ... 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 2των Thomas William Saunders - 1872 - 239 σελίδεςΠλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | British Guiana - 1873 - 660 σελίδες
...used in such indictment, and the words used in an Ordinance to define a crime or public offence, it shall and may be lawful for the Court before which the trial shall be had, if it shall consider any of such variances not material to the merits of the case, and that the defendant cannot be prejudiced... | |
 | New South Wales. Supreme Court - 1873 - 546 σελίδες
...certain amendments may be made, "if the Court shall consider such variance, omission, or insertion not material to the merits of the case, and that the...defendant cannot be prejudiced thereby in his defence, &c." The prisoner here was tried for an offence to which he had never pleaded. In 3 Russell on Crimes... | |
 | Francis Wharton - 1874 - 834 σελίδες
...ownership of any property named or described therein, it shall and may be lawful for the court before whom the trial shall be had, if it shall consider such...defendant cannot be prejudiced thereby in his defence upon such merits, to order such indictment to be amended, according to the proof, by some off1cer of... | |
 | Canada - 1874 - 1416 σελίδες
...the English Statute, and have, besides, a more extensive meaning. In the English statute, the words "if it shall consider such variance not material to the merits of the case " show clearly that there it is the variance which must be not material, whilst in our statute, it... | |
 | Henry John Stephen - 1874 - 724 σελίδες
...therein named or described ; or in the ownership of any property named or described therein: — it shall be lawful for the court before which the trial shall be had, in any of the tabbing or mounding, 14 & 15 Viet. 24 & 25 Viet. c. 99, a. 37; for perc. 19, s. 5 ; for... | |
 | Herbert Broom, Edward Alfred Hadley - 1875 - 858 σελίδες
...whatsoever of any person or persons whomsoever therein named or described," the court is empowered if it shall consider such variance not material to...prejudiced thereby in his defence on such merits, to order the indictment to be amended. Judgment for the crown upon a plea in abatement if the indictment be... | |
 | Thomas Frederick Simmons - 1875 - 612 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...consider such variance not material to the merits of the 348 case, and that the defendant cannot be prejudiced thereby in u and u vict. his defence on such... | |
 | Canada, Sir Henri Elzéar Taschereau - 1875 - 626 σελίδες
...the English Statute, and have, besides, a more extensive meaning. In the English statute, the words " if it shall consider such variance not material to the merits of the case " show clearly that there it is the variance which must be not material, whilst in our statute, it... | |
 | Victoria - 1875 - 926 σελίδες
...in such vS^'iot1 information and the evidence offered in proof thereof, it shall and may "JJJS"^/1" eof shall be liable at the discretion of the court to be impris such case &c. court shall consider such variance not material to the merits of the case and that the... | |
 | Louisiana - 1876 - 1060 σελίδες
...therein named or described ; or in the ownership of any property named or described therein, it- shall be lawful for the court before which the trial shall...to the merits of the case, and that the defendant can not be prejudiced thereby in his defense, to order such indictment to be amended according to the... | |
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