 | 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... | |
 | New York (State) - Criminal procedure - 1850 - 486 pages
...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. § 303. Neither presumptions of law, nor matters of which judicial notice is taken,... | |
 | Oregon - History - 1855 - 653 pages
...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. SEC. 14. Neither presumptions of law nor matter of which judijtoted.not bec^ notice... | |
 | 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
...we think, apply here. It is imperative : no indictment may (which here means shall) be quashed for any defect which does not tend to the prejudice of...substantial rights of the defendant on the merits. The motion to quash the indictment, and that in arrest of judgment, based upon the same objections,... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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
...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." It is insisted that this provision of law authorizes this court to overlook the errors... | |
 | Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, James Buckley Black, Michael Crawford Kerr, John Worth Kern, Augustus Newton Martin, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1865
...G. & H., provides that the indictment may not be quashed or set aside for any defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits ; and by section 62 it is further provided that, " neither presumptions of law, nor... | |
 | Montana (Ter.) - Law - 1866
...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,... | |
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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. 
