ART. 73.] PROCEEDINGS IN CRIMINAL CASES.

829

the name or names of any person or persons other than the defend-
ant or defendants have been erroneously set forth in the said indict-
ment, it shall be lawful for 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

names other
than of defend-
ant made after
jury sworn
25 Md 146

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 hereto-
fore 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 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.

Proceedings

3. In any indictment for any felony or misdemeanor wherein it
shall be requisite to state the ownership or possession of any prop-
erty 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.

Id s 81
1852, c 63, s 1
How ownership
of property

4. No indictment or presentment for felony or misdemeanor shall
be quashed, nor shall auy judgment upon any indictment for any
felony or any 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 indict-
ment, 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 person or persons named in the said indict-
ment, inquisition or presentment, nor for the want of the averment
of any matter unnecessary 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
statute," instead of " against the form of the statutes," or vice versa,
nor for omitting to state the time at which the offence was com-
mitted 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 in-

Id s 82
1852, c 63, s 2
What defects
not available on
motion to
quash
6 Md 400 , 9 Md
21 ,10 Md 431,
12 Md 231,253,
614 , 14 Md 106,
238, 39 Md 355,
47 Md 485