828 PROCEEDINGS IN CRIMINAL CASES. [ART. 73.
ARTICLE LXXIII.
PROCEEDINGS IN CRIMINAL CASES.
INDICTMENTS, FALSE PRETENCES, GAMING, AND LOTTERIES.
1. Indictment, etc , bow misnomer of de-
fendants amended
2 Amendment of names other tban of de-
fendant made after jury sworn, pro-
ceedings
3 How ownership of property laid
4. What detects not available on motion to
quash
5 Conclusion of indictments, felony and
misdemeanor not merged , counts may
be for both.
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6 False pretences how stated , defendant en-
titled to names of witnesses and state-
ment
7. Lottery drawing, gaming, etc , sufficiency
of indictment in
8 Amendments
9 What necessary indictments for forgery,
for embezzlement and obtaining by false
pretences , describing instruments
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JURISDICTION.
10 Jurisdiction in case of death from blow or
poison , accessory to murder or felony
11. Same on Chesapeake bay
12. Crime, etc, on Chesapeake bay, offender
indicted or tried in any court of this
State, or county in which party arrested
or first brought
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13 Person committing crime out of his
county or removing after commission,
process to go to county where be re-
sides
14 Traverse before court and trial by same.
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SENTENCE
15. Sentence for clergy able felony , for felony
not, clergy able
16 For murder
17 Removed cases, where sentence of death
18 Minors, binding out of convict minors
19 What minors sentenced to penitentiary
20 When minors maybe bound to managers
of house of refuge or other institntion
21 Discretionary power of court as to binding
out, minors
22 Sentence of convicts to penitentiary, when
to expire
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23 Discretionary power of court in sentencing
convicts to penitentiary
24 Conviction or attainder not to work cor-
ruption of blood or forfeiture of estate ,
no forfeiture for felo de se, no deodands ,
no approvers, sentence of death when
to be executed
25 Property of convicts, how disposed of
26 Restitution, how enforced
27 Restitution in cases of embezzlement
28 Removed coses, where sentence of impris-
onment.
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INDICTMENT, FALSE PEETENCES, GAMING AND LOTTERIES
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Art 30, s 79.
1852, c 176, s 1
Indictments,
etc
How misnomer
of defendants
amended
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1. Whenever the misnomer of any defendant or defendants is
pleaded in abatement to any indictment in any of the courts of this
State having criminal jurisdiction, it shall be lawful for the State's
attorney prosecuting the same, or other person prosecuting for
the State, on application to the court, to amend the said indictment
by inserting in the place of the name or names so erroneously set
forth in the said indictment, the true name or names of such party
or parties, as disclosed in the said plea of abatement, and it shall be
the duty of the clerk of the court to indorse the amendment, and to
enter the said case upon the docket of the court, according to the
true name or names of the party or parties so indicted.
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Id s 80
1852, c 176, s 2
Amendments of
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2. Whenever it shall appear after a jury sworn on any indictment,
in any of the courts of this State having criminal jurisdiction, that
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