 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
 | New York (State). Supreme Court. Appellate Division - 1902 - 756 σελίδες
...for they all relate to imperfections of form or mode of expression, which to no appreciable extent tend to the prejudice of the substantial rights of the defendant upon the merits. It is plainly to be seen by even a mere casual reading of the indictment with what crime the defendant... | |
 | William John Tossell - 1918 - 744 σελίδες
...said case on page 164 said: ' ' An indictment can not be held invalid for a defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant on the merits. ' ' Can it be said that the plaintiff in error was injured or prejudiced in any of his... | |
 | James Henry Deering - 1896 - 584 σελίδες
...statute, and the fact that It includes a conclusion contrary to the provisions of a county ordinance does not tend to the prejudice of the substantial rights of the defendant, but the defendant may be punished, under the Pennl Codo, upon conviction of the offense. (Ex parte... | |
 | Ohio. Circuit Court - 1904 - 712 σελίδες
...Reasonable Dbubt. 1. The provision of Section 7215, that ' "want of averment * • * or other imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits," applies to affidavits and informations as well as to indictments. 2. A charge that the defendant failed... | |
 | Indiana. Appellate Court - 1904 - 802 σελίδες
...quashed, nor sliall the trial, judgment, or other proceedings be stayed for any defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits. §1825 Burns 1901. And if the offense charged is stated with such a degree of certainty that the court... | |
 | Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - 1913 - 844 σελίδες
...PI. and Pr. 435 ; 15 Cyc. 497, 498. There is no defect nor imperfection in the indictment that "tends to the prejudice of the substantial rights of the defendant upon the merits." §2063 Burns 1908, subd. 10, Acts 1905 p. 584, §192. Tested by the rule heretofore stated, the offense... | |
 | 1905 - 704 σελίδες
...the trial, judgment or other proceedings thereon 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." This court can take judicial notice that there is only one Supreme Court which is organized and acting... | |
 | Indiana - 1905 - 1192 σελίδες
...damages or injury is not of the essence of the offense. Tenth For any other defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits. See notes to section 1825, Burns' RS 1901. Criminal pleadings are not to be quashed for any defects... | |
 | Abraham Clark Freeman - 1905 - 1224 σελίδες
...is any such 'defect or imperfection' in conducting the prosecution against them, as has 45a tended 'to the prejudice of the substantial rights of the defendant, upon the merits.' " The general rule must be conceded that where the offense of several defendants are separate and distinct,... | |
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