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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 467   View pdf image (33K)
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ART. 27] PROCEDURE—INDICTMENTS. 467

indictment, it shall be lawful fot the State's attorney, or other person
prosecuting for the State, on application to the court, to amend the said
indictment according to the proof in the said cause; and it shall be the
duty of the court in which such trial shall be had to proceed with the
trial of the said indictment so amended, unless oath shall be made by
the party or parties so charged that the said amendment or amendments
has or have disclosed a fact or facts to him heretofore unknown, or that
the immediate proceeding with the trial of the said indictment would
tend to his prejudice; and in such case it shall be the duty of the court
to discharge the jury sworn in the said case without a verdict, and to
postpone the trial thereof for such reasonable time as the court shall
determine; or in case the said indictment is submitted to the court with-
out 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.

This section provides for the amendment of an indictment when the
name of any person other than the defendant has been erroneously set
forth therein; such amendment is made according to the proof in the cause,
same being authorized only after the jury has been sworn on the indict-
ment. Watts v. State, 99 Md. 33.

Indictments—Statement of Ownership or Possession.

1904, art. 27, sec. 437. 1888, art. 27, sec. 285. 1860, art. 30, sec. 81.
1852, ch. 63, sec. 1.

495. 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, parceners, 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.

Indictments—Quashing—Arrest of Judgment.

Ibid. sec. 438. 1888, art. 27, sec. 286. 1860, art, 30, sec. 82.
1852, ch. 63, sec. 2.

496. 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, inquisi-
tion or presentment, or by the statement of the venue in. the margin
thereof to have jurisdiction over the offense, nor for the omission or mis-
statement of the title, occupation or degree of the defendant or other
person or persons named in the said indictment, inquisition or present-

 

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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 467   View pdf image (33K)
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