 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 Federal Reporter - Stranica 5911902Potpun prikaz - O ovoj knjizi
 | Montana (Ter.) - 1866 - Broj stranica: 792
...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. SEC. 90. Neither presumptions of law, nor matters of which judicial notice is taken,... | |
 | Montana - 1866 - Broj stranica: 802
...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. SEC. 90. Neither presumptions of law, nor matters of which judicial notice is taken,... | |
 | Ohio - 1869 - Broj stranica: 472
...of the averment of any matter not necessary to be proved; nor for any Bother defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits. SEC. 91. Whenever on the trial of any indictment for any offense, there shall appear... | |
 | Wyoming - 1870 - Broj stranica: 808
...of the averment of any matter not necessary to be proved ; nor for any other defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits. SEC. 85. Whenever, on the trial of any indictment for ^"'a'jJJ'J10* any offense, there... | |
 | Kentucky. Court of Appeals - 1871 - Broj stranica: 880
...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 - Broj stranica: 910
...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 - Broj stranica: 806
...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... | |
 | California - 1874 - Broj stranica: 712
...person other than tho defendant. — People vs. Vice, 21 Cal., p. 344. 324 be aft'ected by reason of any defect or imperfection in matter of form which does not tend to the prejudice of a substantial right of the defendant upon its merits. NOTE.— People vs. Dick, 37 Cal., p. 277. 961.... | |
 | 1896 - Broj stranica: 542
...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.—... | |
 | Marcus Tullius Hun - 1885 - Broj stranica: 780
...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... | |
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