 | Francis Wharton - Criminal procedure - 1849 - 728 pages
...are is 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... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1862 - 614 pages
...tended to the prejudice of the defendant, and, by our statute, no information is to be held invalid by reason of any defect or imperfection in matter of form which shall not tend to the prejudice of the defendant. — Comp. J.. § 6043 ; 2 Held. 50. The same principles... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...according to the right of the case. SEC. 247. No indictment shall be deemed insufficient, nor shall the trial, judgment, or other proceeding thereon be...affected by reason of any defect or imperfection in matters of form which shall not tend to the prejudice of the defendant. offence not material to be... | |
 | Oregon - Law - 1855 - 670 pages
...shall 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 to the prejudice of the substantial rights of the defendant upon the merits. SEC. 14. Neither presumptions of law nor matter... | |
 | William H. R. Wood - Law - 1857 - 834 pages
...the right of the case.(l) ART. 1542, Sec. 247. No indictment shall be deemed insufficient, nor shall the trial, judgment or other proceeding thereon be...affected by reason of any defect or imperfection in matters of form which shall not tend to the prejudice of the defendant. Sec. 248. Nei.her presumption... | |
 | Amasa Junius Parker - Criminal law - 1858 - 734 pages
...judgment for the defendant. Our statute declares that " no indictment shall be deemed invalid, nor shall the trial, judgment or other proceeding thereon be...affected," by reason of any defect or imperfection in matters of form which do not tend to the prej udice of the defendant. (2 RS, 72, § 52.) The cases... | |
 | Colorado, Jefferson Territory - Civil law - 1860 - 312 pages
...the same meaning may be used. Form not material. SEC. 224. No indictment is insufficient nor shall the trial judgment or other proceeding thereon be...any defect or imperfection in matter of form, which do not turn to the prejudice of the defendant. Presumptions of law not be stated. SEC. 225. Neither... | |
 | 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 to the prejudice of the substantial rights of the defendant, upon the merits." It is insisted that this provision of law... | |
 | Idaho - Law - 1864 - 734 pages
...taken, need be stated in the indictment. SEC. 243. No indictment shall be deemed insufficient, nor shall the trial, judgment, or other proceeding thereon,...affected by reason of any defect or imperfection in matters of form which shall not tend to the prejudice of the defendant. SEC. 245. In pleading a judgment... | |
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no indictment found and presented by a grand jury in any District or Circuit or other court of the United States shall be deemed insufficient, nor shall the trial, judgment or other proceeding thereon be affected by reason of any defect or imperfection... 
