830

PROCEEDINGS IN CRIMINAL CASES. [ART. 73.

dietment or making the presentment, or on an impossible day, or on a
day that never happened, or by reason of any mere defect or imper-
fection 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.

Id s 83
1852, c 63, s 3
Conclusion of
indictments.
2 Md 876
7 G & J 290

5. All indictments for offences forbidden by any statute or stat-
utes, or for offences the punishment of which is contained in the
same clause of any statute with the prohibition of the offence, may
conclude as for offences at common law, and where any offence which

Felony and
misdemeanor
not merged
Counts may be
for both

is a misdemeanor at common law may have been made a felony by stat-
ute the misdemeanor shall not be merged in the felony, but the indict-
ment may contain counts for the said felony and also for the misde-
meanor.

Id s 84.
1845, c 319, s 2.
False pretences,
how stated

6. In any indictment for false pretences, it shall not be necessary
to state the particular false pretence intended to be relied on in proof
of the same, but the defendant, on application to the State's attor-

Defendant en-
titled to names
of witnesses
and statement

ney before the trial, shall be entitled to the names of the witnesses
and a statement of the false pretences intended to be given in Evidence.

Id s 85
1856, c 195, ss.
1-10
Lottery draw-
ing and gaming,
etc
42 Md. 563.

7. In any indictment for violation of the law prohibiting gaming,
or for violation of the law prohibiting the drawing of lotteries or the
selling of lottery tickets or other device in the nature thereof, it shall
not be necessary to set forth the particular kind of gaming or gaming
table, or to set forth the particular scheme of lottery, but it shall be

Sufficiency of
indictment in.

sufficient if the indictment sets forth that the defendant kept " a
gaming table," or that " he drew a lottery," or sold ' a lottery ticket,"
as the case may be, but the defendant may, by application to the
State's attorney, obtain a statement more particularly describing
the offence intended to be proved under such indictment.

Id s 86
1785 c 80, s 4 ;
1832, c 176, s 2
Amendments

8. All indictments under the last preceding section may be amended
at any time before verdict so as to present properly the merits of the
charge, and the court may permit such amendment after the jury
is sworn and proceed with the trial, or the court may, in its discre-
tion, allow a juror to be witMdrawn and continue the casc.

1862, c 80
What necessary
in indictments
for forgery.

9. It shall be sufficient in any indictment for forging, uttering,
disposing of, putting off or passing any instrument whatsoever, or
for obtaining any property by false pretences, to allege that the
defendant did the act with intent to defraud, without alleging the
intent of the defendant to be to defraud any particular person, and
on the trial of any of the offences in this section mentioned it shall
not be necessary to prove an intent on the part of the defendant to
defraud any particular person, but it shall be sufficient to prove that
the defendant did the act charged with an intent to defraud. In
any indictment for forging, altering, putting off, passing, stealing,

For embezzle-
ment and ob-
taining by false
pretences

embezzling, destroying, or for obtaining by false pretences any in-
strument, it shall be sufficient to describe such instrument by any
name or designation by which the same may be usually known or
by the purport thereof, without setting out a copy or fac-simile