 ... 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
 | Louisiana - 1886 - 800 σελίδες
...any property named or described therein, it shall be lawful for the court before which the Trial too* trial shall be had, if it shall consider such variance not material Jjj£0f to the merits of the case, and that the defendant cannot be preju- ju™° diced thereby in... | |
 | 1912 - 1068 σελίδες
...both, or other description whatever of any person whomsoever, therein named or described, * * * it shall and may be lawful for the court before which...the defendant cannot be prejudiced thereby in his defense on the merits, to order such Indictment and the record and proceedings In the court to be amended... | |
 | 1909 - 1152 σελίδες
...or description of any matter or thing, whatsoever, therein named or described," provided, the court, "shall consider such variance not material to the...the defendant cannot be prejudiced thereby In his defense." Rev. St. I 1047. This law, construed in connection with Rev. St § 1064, has been held to... | |
 | 1916 - 1052 σελίδες
...that an indictment may be amended In certain particulars If the court considers that the amendment Is not material to the merits of the case and that the defendant cannot be prejudiced thereby in his defense. And section 1063 provides that the date of commission of the crime alleged In an Indictment... | |
 | Sir Henri Elzéar Taschereau - 1888 - 1294 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 is... | |
 | Edward William Cox - 1890 - 920 σελίδες
...the evidence offered in proof thereof, if the court are of opinion that such defect or variance is not material to the merits of the case, and that the defendant or person traversing the inquisition cannot be prejudiced by the amendment in his defence or traverse... | |
 | Gibraltar, Robert Ffrench Sheriff - 1890 - 840 σελίδες
...and the evidence offered in proof thereof, if the Court is of opinion that such defect or variance is not material to the merits of the case, and that the defendant or person traversing the inquisition cannot be prejudiced by the amendment in his defence or traverse... | |
 | Barbados - 1891 - 986 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...case, and that the defendant cannot be prejudiced thereb'v in his defence on such merits, to order such indictment to be amended according to the proof... | |
 | Natal (South Africa) - 1891 - 858 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...merits of the case, and that the defendant cannot he prejudiced thereby in his defence on such merits, to order such indictment to be amended, according... | |
 | Edmund Powell - 1892 - 836 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 the trial shall be bad, if it shall consider such variance not material to the merits of the case, and that the defendant... | |
| |
