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" 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. "
Practice Reports in the Supreme Court and Court of Appeals - Page 74
by Nathan Howard (Jr.) - 1860
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The Revised Statutes of the State of New-York: Passed During the ..., Volume 2

New York (State) - Law - 1829 - 878 pages
...created, or the punishment thereof may have been declared, by any statute ; or, 4. By reason of any other defect or imperfection in matters of form, which shall not tend to the prejudice of the defendant.80 of in- $ 53. Every person indicted for any offence, who shall have been diclment to ,...
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The Revised Statutes of the State of New-York: Passed During the ..., Volume 2

New York (State) - Law - 1829 - 882 pages
...created, or the punishment thereof may have been declared, by any statute ; or, 4. By reason of any other defect or imperfection in matters of form, which shall not tend to the prejudice of the defendant.*0 § 53. Every person indicted for any offence, who shall have been arrested upon process...
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Notes to Phillipps' Treatise on the Law of Evidence, Part 1

Esek Cowen, Nicholas Hill - Evidence (Law) - 1839 - 906 pages
...have been declared by any statute ; or, 4th. By reason of any other defect or imperfection in matter of form, which shall not tend to the prejudice of the defendant (2 RS 728, § 52.) NOTE 414— p. 218. Legal writers seem entirely agreed, that the foundation of the...
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The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction ...

Oliver Lorenzo Barbour - Criminal law - 1841 - 834 pages
...created, or the punishment thereof have been declared, by any statute ; or 4. By reason of any other defect or imperfection in matters of form, which shall not tend to the prejudice of the defendant, (q) Under this latter clause of the statute it has been decided that an indictment is good if it contain...
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Public and Local Acts of the Legislature of the State of Michigan

Michigan - 1846 - 896 pages
...have been cornmitted contrary to the form of the statute or statutes : or, 4. By reason of any other defect or imperfection in matters of form which shall not tend to the prejudice of the defendant. When courtmay SEC. 35. When an issue of fact shall be joined upon any indictgrant commi¿- merit, the...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...not be deemed insufficient, nor -shall the trial, judgment or other proceedings thereon be affected, by reason of any defect or imperfection in matters of form, which shall mot tend to the prejudice of the defendant. These constitute the elements of the system of pleading...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 3

Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1849 - 706 pages
...the words ' contrary to a statute,' &c. or 4. By reason of any other defect or imperfection in matter of form, which shall not tend to the prejudice of the defendant" The question presented for our decision is whether this statute of jeofails was intended to relieve...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

Law - 1851 - 520 pages
...shall be deemed insufficient, nor shall the trial, judgment or other proceedings thereon be affected by reason of any defect or imperfection in matters...shall not tend to the prejudice of the defendant." By section 317, " Neither presumptions of law, nor matters of which judicial notice is taken, need...
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Report of the Great Conspiracy Case: The People of the State of Michigan ...

Abel F. Fitch - Counterfeiters - 1851 - 898 pages
...the trial,, lament or other pr ¡ceeding thereon be affected by reason of any defector im •rtVction in matters of form, which shall not tend to the prejudice of the de ndant. In the case of Reciña vs. Wallace 41, ECL 113, which was decided subseleut to the case«...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 16

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 - 1868 - 610 pages
...quashed or deemed invalid, nor shall the trial, judgment or other proceedings thereon be affected," by reason of any defect or imperfection in matters...shall not tend to the prejudice of the defendant. VrcKEuv •<'. BKIB. There is no error in the record, and the judgment of the Circuit Court must be...
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