 | New York (State)., New York (State). Commissioners on Practice and Pleadings - 1850 - 558 pages
...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. ยง 303. Neither presumptions of law, nor matters of which judicial notice is taken, need be stated... | |
 | Oregon - 1855 - 670 pages
...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 is taken, need... | |
 | 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 - 1857 - 650 pages
...and vice versa. We do not think this technical defect, if it be one, is of such a character as "to tend to the prejudice of the substantial rights of the defendant upon the merits." 2 RS pp. 368, 369. That act provides that even an indictment or information may not be quashed for... | |
 | District of Columbia - 1857 - 788 pages
...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,... | |
 | Kansas - 1859 - 726 pages
...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... | |
 | 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 - 1862 - 466 pages
...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 in the record under... | |
 | Montana (Ter.) - 1866 - 792 pages
...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, need be stated... | |
 | Montana - 1866 - 802 pages
...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, need be stated... | |
 | Ohio - 1869 - 472 pages
...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 to be any variance... | |
 | Wyoming - 1870 - 808 pages
...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 shall appear... | |
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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. 
