 No indictment is insufficient, nor can the trial, judgment, 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.  The Northeastern Reporter - Σελίδα 3761908Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | Ohio. Supreme Court - 1911 - 662 σελίδες
...indictment should not be sustained unless the defect or imperfection complained of is of such a nature as to tend to the prejudice of the substantial rights of the defendant upon the merits of the case. 76. 3. Overruling of motion not final, when — The overruling of a motion to quash an... | |
 | 1879 - 540 σελίδες
...either or both did it. 3. CRIMINAL PRACTICE — STATUTE OF JEOFAILS. —The concluding clause "nor for any other defect or imperfection which does not...substantial rights of the defendant upon the merits" of Wag. Stats., p. 1090, sec. 27, held to be limited to the imperfections of the class or character... | |
 | 1896 - 542 σελίδες
...indictment; nor for want of averment of any matter not necessary to be proved ; nor for any other defect which does not tend to the prejudice of the substantial rights of the defendant upon the merits."— KNIGHT v. STATE, Ohio, 43 NE Rep. 998. 44. CRIMINAL Liw— Instructions— Alibi.— In a criminal... | |
 | Marcus Tullius Hun - 1885 - 780 σελίδες
...just as it has. The trial would not be affected because of an imperfection in the indictment which did not tend to the prejudice of the substantial rights of the defendant upon the merits. (Code Grim. Pro., § 285.) Nor may this court on appeal regard technical errors or defects or exceptions... | |
 | 1883 - 662 σελίδες
...the trial, judgment or other proceeding be affected by reason of an imperfection in matter of form which does not tend to the prejudice of the substantial rights of the defendant upon the merits." Judgment of General Term, affirming judgment of conviction, affirmed. Opinion by Andrews, J. All concur.... | |
 | Wyoming - 1876 - 882 σελίδες
...averment of any matter not necessary to be proved ; nor for any other defect or imperfection which (Iocs not tend to the prejudice of the substantial rights of the defendant upon the merits. therein named or described, or in the name or description of any matter or thing whatsoever therein... | |
 | Ohio - 1877 - 256 σελίδες
...charged; nor for want of averment of any matter not necessary to be proved ; nor for any other delect or imperfection which does not tend to the prejudice...substantial rights of the defendant upon the merits. [66 v. 301, ^ 90 ] SEC. 5. Whenever, on the trial of an indictment, there appears to be any variance... | |
 | Ohio - 1878 - 618 σελίδες
...the crime or person charged ; nor for want of averment of any matter not necessary to be proved ; nor for any other defect or imperfection which does not...substantial rights of the defendant upon the merits. (Sayler, 2141, § 90t) Time. — Whore there are several counts in an indictment, it is no valid ground... | |
 | Jacob Conrad Davis - 1879 - 698 σελίδες
...person charged; nor, 5. For any other matter which was formerly deemed a defect, or imperfection, but which does not tend to the prejudice of the substantial rights of the defendant upon the merits. SEC. 4307. Neither presumptions of law nor matters of which judicial notice is taken, need be stated... | |
 | George Louis Reinhard - 1879 - 588 σελίδες
...sufficient alleged to indicate the crime and person charged. 23 Ind. 150. Indictment — General Form. the prejudice of the substantial rights of the defendant upon the merits. 2 ES 386, sec. 6l. Neither presumptions of law, nor matters of which judicial notice is taken, nee(}... | |
| |
