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Books Books 1 - 10 of 165 on No indictment is insufficient, nor can the trial, judgment, or other proceedings....  
" 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. "
N.Y. Weekly Digest of Cases Decided in the N.Y. Court of Appeals, and ... - Page 124
1883
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 27

Arkansas. Supreme Court - Law reports, digests, etc - 1873
...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...
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 31

Arkansas. Supreme Court - Law reports, digests, etc - 1877
...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...
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Precedents of indictments and pleas: adapted to the use both of the courts ...

Francis Wharton - Criminal procedure - 1849 - 694 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...
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The Code of Criminal Procedure of the State of New York

New York (State) - Criminal procedure - 1850 - 486 pages
...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...substantial rights of the defendant, upon the merits. 303. Neither presumptions of law, nor matters of which judicial notice is taken, need be stated...
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The statutes of Oregon: Enacted, and continued in force, by the Legislative ...

Oregon - History - 1855 - 653 pages
...foi:(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...
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The Revised Code of the District of Columbia

District of Columbia, Robert Ould, William B. B. Cross - Law - 1857 - 699 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,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 8

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
...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...
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General Laws of the Territory of Kansas

Kansas - Session laws - 1859
...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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 11

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Michael Crawford Kerr, Benjamin Harrison, James Buckley Black, John Worth Kern, Augustus Newton Martin, John Lewis Griffiths, Francis Marion Dice, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1859
...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...
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Reports of Cases Decided in the Supreme Court of the State of Oregon, Volume 1

Oregon. Supreme Court, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, William Wallace Thayer, Reuben S. Strahan, George Henry Burnett, James W. Crawford, Robert Graves Morrow, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1862
...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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