...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, need be stated...

...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, need be stated...

...of the averment 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...

...of the averment 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...

...is insufficient; nor can the trial, judgment, or other proceeding 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, section 129 ; Commonwealth v. Megowan, 1 Metcalfe, 386.) On the question...

...insufficient, nor can the trial, judgment, or other proceedings thereon be affected by any defect which docs not tend to the prejudice of the substantial rights of the defendant on the merits." (Criminal Code, sees. 121 to 129; Jane v. Commonwealth, 3 Met. 18.) The indictment...

...offence intended to be charged ; and that it shall not be deemed insufficient by reason of any defect which does not tend to the prejudice of the substantial rights of the defendant on the merits." By construction of which enactment it is held, that the conclusion we are considering...

...deemed invalid for any of certain enumerated defects ; i' nor for any other defect or imperfection which does not tend to the prejudice of the substantial...the words quoted apply only to such matters as are eju»dem generis with those comprehended in the preceding part of the section. Schultz v. Cambridge,...

...procedure (74 Ohio L., § 4), no indictment is to be deemed invalid for any " defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits." But we are not prepared to say that such a lumping, indefinite description of the goods as is here laid...

...indictment should not be sustained unless the defect or imperfection complained of is of such a nature as to tend to the prejudice of the substantial rights of the defendant upon the merits of the case. 76. 3. Overruling of motion not final, when — The overruling of a motion to quash an...