 ... 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 - Page 2by Thomas William Saunders - 1872 - 239 pagesFull view - About this book
 | Great Britain. Parliament. House of Commons - Great Britain - 1850 - 554 pages
...between such Statement and the Evidence offered in Proof in any other Matter or Thing whatsoever, it shall and may be lawful for the Court before which...not material to the Merits of the Case, and that the Person on his 20 Trial cannot be prejudiced thereby in his just Means of Defence, to order such Indictment,... | |
 | Charles Sprengel Greaves - Criminal law - 1851 - 164 pages
...or described, or in the ownership of any property named or described therein, it shall and may 'ue lawful for the Court before which the trial shall...merits of the case, and that the defendant cannot ie prejudiced thereby in his defence on such merits, to order.-spch indictment to be amended according... | |
 | Robert Richard Pearce - Criminal justice, Administration of - 1851 - 120 pages
...all matters and circumstances, if the Court before which the trial is proceeding shall consider the variance not material to the merits of the case, and that the defendant cannot thereby be prejudiced in his defence. Important changes are made in the form of indictments for murder,... | |
 | Law - 1852 - 430 pages
...made, and by simply leaving the power to do so at the discretion of the court, as is now stated, " if it shall consider such variance not material to...prejudiced thereby in his defence on such merits." This quite sufficiently limits the power. If courts cannot be trusted to apply so plain a principle,... | |
 | John Frederick Archbold - Criminal law - 1852 - 750 pages
...therein named or described, — the court may order the indictment to be amended, if it consider the variance not material to the merits of the case, and that the defendant cannot be thereby prejudiced in his defence on the merits. 14 §• 15 Viet. c. 100, t. 1. Time.] Formerly, the... | |
 | Law - 1852 - 516 pages
...described, or in the ownership of any property named or described therein, it shall and may be la'™ for the Court before which the trial shall be had, if it sb" consider such variance not material to the merits of the case, and that the defendant cannot be... | |
 | Edward William Cox - Criminal law - 1853 - 696 pages
...property 14 & 15 Viet, named or described therein, it shall and may be lawful for the court c- 10obefore which the trial shall be had, if it shall consider such variance not . , 777" ,. • ii r- ii ,< . ,* i » i T Admmmtmlnnt material to the merits of the case, and that... | |
 | Jamaica - Courts - 1854 - 674 pages
...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...defendant cannot be prejudiced thereby in his defence in such merit?, to order such indictment to be amended according to the proof by some officer of the... | |
 | Jamaica - Courts - 1855 - 636 pages
...named or described, or in the ownership of any property named or described therein, it shall and may he lawful for the court before which the trial shall...defendant cannot be prejudiced thereby in his defence in such merits, to order such indictment to be amended according to the proof by some officer of the... | |
 | Edward William Cox - Criminal law - 1855 - 800 pages
...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...case, and that the defendant cannot be prejudiced therehy in his dr fence on such merits, to order such indictment to be amended according to the proof... | |
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