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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
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Message from the President of the United States, Transmitting the Report of ...

United States. Hawaiian Commission - 1898 - 736 σελίδες
...any variance between the statement in such indictment and the evidence offered in proof thereof, it shall and may be lawful for the court before which the trial shall be had, if such court shall consider such variance not material to the merits of the case, and that the defendant...

Reports of Cases Argued and Determined in ..., Τόμος 49,Μέρος 2,Σελίδες 929-1915

Louisiana. Supreme Court - 1898 - 1004 σελίδες
...evidence it is lawful for the court, on or before the trial is had, if it considers that the variance is not material to the merits of the case, and that the defendant can not be prejudiced thereby in his defence on such merits, to order the indictment to be amended."...

Le Guide des coroners: The Coroner's guide-book

Edmond Lortie - 1902 - 310 σελίδες
...evidence '' offered in proof thereof, if the Court " are of opinion that such defect or va" riance is not material to the merits of "the case, and that the defendant or person " traversing the inquisition cannot be pre" judiced by the amendment in his defence " or...

Constitution and Revised Laws of Louisiana: Containing the Constitution of ...

Louisiana - 1904 - 1088 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 defence, to order such indictment to be amended according to the...

The Statutory Rules and Orders Revised: Being the Statutory Rules and Orders ...

Great Britain - 1904 - 1018 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...not material to the merits of the case and that the prisoner cannot be prejudiced thereby IP his defence on such merits, to order such information to be...

Criminal Proceedings on Indictment and Information (in England and Wales).

Ernest Bowen-Rowlands - 1904 - 484 σελίδες
...variance is not material to the merits, ie, not material to the real question to be decided at the trial, and that the defendant cannot be prejudiced thereby in his defence on the merits. The Act also contains a provision as to postponing the trial, tut says nothing as to costs...

Rules, Orders, &c., Touching the Forms and Manner of Proceeding in Civil and ...

H. Tennant - 1905 - 468 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...and that the defendant cannot be prejudiced thereby (J) in his defence on such merits, to order such indictment to be amended according to the proof by...

A Practical Treatise on the Office and Duties of Coroners: In Ontario and ...

William Fuller Alves Boys - 1905 - 618 σελίδες
...evidence offered in proof thereof; if the court shall be 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...

The King's Coroner: Being a Complete Collection of the Statutes ..., Τόμος 1

Richard Henslowe Wellington - 1905 - 394 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...

Archbold's Pleading, Evidence, & Practice in Criminal Cases: With the ...

John Frederick Archbold, John Jervis - 1905 - 1582 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...




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