 ... be lawful for the court before which the trial shall be had, if it shall consider such variance not material to the merits of the case and that the defendant cannot be prejudiced thereby in his defence in such merit?, to order such indictment to be...  Statutes of the Province of Canada - Seite 344von Canada - 1855Vollansicht - Über dieses Buch
 | 1860 - 484 Seiten
...prejuiced thereby in his defence on snch merits, mav rder such indictment to be amended, upon such erms as to postponing the trial, to be had before the same or another jury, as such court »hall think easonable: (see Arch! Cr. PI. by Welsby, 177, 12th dit. ; and farther, the Act.) 12. Quashing... | |
 | Great Britain. Parliament. House of Commons - 1850 - 554 Seiten
...thereby in his just Means of Defence, to order such Indictment, Information, or Record to be forthwith amended, according to the Proof, by some Officer of...the Court or other Person, both in that Part of the Record where such Variance occurs and in every other Part of the Record which it may become 25 necessary... | |
 | 1851 - 536 Seiten
...merits of the case, and that the defendant cannot be prejudiced thereby in his defence on such merits, to order such indictment to be amended, according...person, both in that part of the indictment where buch variance occurs and in every other part of the indictment which it may become necessary to amend,... | |
 | John Frederick Archbold - 1852 - 750 Seiten
...prejudiced thereby in his defence on such merits, to order such indictment to be amended, nocording to the proof, by some officer of the court or other...to postponing the trial to be had before the same ornnotherjury, as such court shall think reasonable ; and after any such amendment, the trial shall... | |
 | 1852 - 516 Seiten
...merits of the case, and that the defendant cannot be prejudiced thereby in tui defence on such merits, to order such indictment to be amended, according...person, both in that part of the indictment where such variant* occurs, and in every other part of the indictment which it niay become necessary to amend,... | |
 | Jamaica - 1854 - 674 Seiten
...merits of the case and that the defendant cannot be prejudiced thereby in his defence in such merit?, to order such indictment to be amended according to...amend, on such terms as to postponing the trial, to he had before the same or another jury, as such court shall think reasonable, and after any such amendment... | |
 | Henry Richard Dearsly - 1854 - 114 Seiten
...merits of the case, and that the defendant cannot be prejudiced thereby in his defence on such merits, to order such indictment to be amended, according...in every other part of the indictment which it may l>ecome necessary to amend, on such terms as postponing the trial to be had before the same or another... | |
 | William Mawdesley Best - 1854 - 930 Seiten
...merits of the case, and that the defendant cannot be prejudiced thereby in his defence on such merits, to order such indictment to be amended, according...by some officer of the court or other person, both . 362 PRIMARY RULES OF EVIDENCE. in that part of the indictment where such variance occurs and in every... | |
 | Edward William Cox - 1855 - 800 Seiten
...merits of the case, and that the defendant cannot be prejudiced therehy in his dr fence on such merits, to order such indictment to be amended according to...of the indictment which it may become necessary to umend," &c. CRIMINAL LAW CASES. Neville, the defendant, who had been originally taken into custody... | |
 | Edward William Cox - 1855 - 796 Seiten
...merits of the case, and that the defendant cannot be prejudiced thereby in his defence on such merits, to order such indictment to be amended according to...officer of the court or other person, both in that purt of the indictment where such variance occurs and in every other part of the indictment which it... | |
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