 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 New York Supplement - Σελίδα 3601905Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | Kentucky. Court of Appeals - 1871 - 880 σελίδες
...is insufficient; nor can the trial, judgment, or other proceeding 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, section 129 ; Commonwealth v. Megowan, 1 Metcalfe, 386.) On the question... | |
 | Kentucky. Court of Appeals - 1875 - 910 σελίδες
...insufficient, nor can the trial, judgment, or other proceedings thereon be affected by any defect which docs not tend to the prejudice of the substantial rights of the defendant on the merits." (Criminal Code, sees. 121 to 129; Jane v. Commonwealth, 3 Met. 18.) The indictment... | |
 | Joel Prentiss Bishop - 1872 - 806 σελίδες
...offence intended to be charged ; and that it shall not be deemed insufficient by reason of any defect which does not tend to the prejudice of the substantial rights of the defendant on the merits." By construction of which enactment it is held, that the conclusion we are considering... | |
 | Montana (Ter.) - 1872 - 802 σελίδες
...allegation as to the person injured, or intended to be injured, shall not be deemed material. Sec. 191. "When an instrument, which is the subject of an indictment for forgery, has been destroyed or withheld by the act or procurement of the defendant, and the fact of such destruction,... | |
 | Montana - 1872 - 798 σελίδες
...published concerning him, and the fact that it was so published must be established on the trial. Sec. 191. When an instrument, which is the subject of an indictment for forgery, has been destroyed or withheld by the act or procurement of the defendant, and the fact of such destruction,... | |
 | 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... | |
 | 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
...nor can 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... | |
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