 | Arkansas. Supreme Court - Law reports, digests, etc - 1873 - 782 pages
...insufficient, nor can the trial, judgment, or other proceedings 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, sees. 121 to 129 inclusive. It is admitted by the appellant that the... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1877 - 810 pages
...except where the time is a material ingredient in the offense." Such a defect, if it be one, could not tend to the prejudice of the substantial rights of the defendant, for he could not but understand that the offense was alleged to have been committed prior to the finding... | |
 | Francis Wharton - Criminal procedure - 1849 - 728 pages
...settled by this court in the case of The People v. Phelps, decided at the last term), then no defect or imperfection in matter of form, which does not tend to the prejudice of the defendant, can be alleged against the indictment ; 2 RS 728, s. 52. Whether we apply to this case the... | |
 | Oregon - Law - 1855 - 670 pages
...fo™i:(le(lhow the trial, judgment or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend...substantial rights of the defendant upon the merits. SEC. 14. Neither presumptions of law nor matter of which judijtoted.not bec^ notice is taken, need... | |
 | District of Columbia - Law - 1857 - 788 pages
...matter alleged to indicate the offence and the person charged. 8. For any other defect or omission which does not tend to the prejudice of the substantial rights of the defendant upon the merits. SEC. 39. In pleading a judgment or other determination of a court or officer of special jurisdiction,... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1857 - 650 pages
...quashed for certain defects enumerated, concluding with, — "nor any other defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant on the merits." 'We cannot imagine any words less material than those here complained of, and we are... | |
 | Kansas - Session laws - 1859 - 726 pages
...alleged to indicate the crime and person charged : Nor, Seventh, For any other defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits. preemption, of SEC. 97. Neither presumptions of law nor matters of which notice is taken, need be stated... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1859 - 654 pages
...and person charged; nor, CEOMCHITE " Secenth. For any other defect or imperfection which THE STATE. does not tend to the prejudice of the substantial rights of the defendant upon the merits." The indictment in this case contains no formal title specifying the names of the parties, or the crime... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1862 - 466 pages
...insufficient, nor shall the trial, judgment, or other proceedings thereon, be affected by reason of a defect or imperfection in matter of form, which does not tend...substantial rights of the defendant, upon the merits." It is insisted that this provision of law authorizes this court to overlook the errors in the record... | |
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No indictment is insufficient nor can 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. 
