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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 225   View pdf image (33K)
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ART. 30.] CRIMES AND PUNISHMENTS. 225

said indictment is submitted to the court without the intervention
of a jury, it shall be lawful for such amendment to be made as
aforesaid, and also to postpone the hearing of the said case for
such time as it shall determine to be necessary.

81. In any indictment for any felony or misdemeanor wherein
it shall be requisite to state the ownership or possession of any
property whatsoever, whether real or personal, which shall
belong to or be in the possession of more than one person,
whether such persons be partners in trade, joint tenants, par-
ceners, tenants in common or trustees, it shall be sufficient to
name one of such persons, and to state such property to belong
to or be in possession of the person so named, and another or
others as the case may be; and whenever in any indictment for
any felony or misdemeanor, it shall be necessary to mention for
any purpose whatever any partners, joint tenants, parceners,
tenants in common or trustees, it shall be sufficient to describe
them in the manner aforesaid.

82. No indictment or presentment for felony or misdemeanor
shall be quashed, nor shall any judgment upon any indictment
for any felony or misdemeanor, or upon any presentment,
whether after verdict, by confession or otherwise, be stayed or
reversed for the want of a proper or perfect venue, when the
court shall appear by the indictment, inquisition or presentment,
or by the statement of the venue in the margin thereof, to have
jurisdiction over the offence, nor for the omission or misstatement
of the title, occupation or degree of the defendant or other per-
son or persons named in the said indictment, inquisition or pre-
sentment, nor for the want of the averment of any matter un-
necessary to be proved, nor for the omission of the words " as
appears by the record," or of the words "with force and arms,"
nor for the insertion of the words "against the form of the Sta-
tute," instead of "against the form of the Statutes," or vice
versa, nor for omitting to state the time at which the offence
was committed in any case where time is not of the essence of
the offence, nor for stating the time imperfectly, nor for stating
the offence to have been committed on a day subsequent to the
finding of the indictment or making the presentment, or on an
impossible day, or on a day that never happened, or by reason
of any mere defect or imperfection in matters of form which
shall not tend to the prejudice of the defendant, nor for any
matter or cause which might have been a subject of demurrer
to the indictment, inquisition or presentment.

VOL. I.—15

 

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 225   View pdf image (33K)
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