ART. 27] PROCEDURE—INDICTMENTS—AMENDMENTS. 923
jurisdiction, that the name or names of any person or persons
other than the defendant and defendants has or have been
erroneously set forth in the said indictment, 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
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 pre-
judice; 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.
Hammond v State, 14 Md. 147.
Indictments—Statement of Ownership or Possession.
1888, art. 27, sec. 285. 1860, art 30, sec. 81. 1852, ch. 63, sec. 1.
437. In any indictment for any felony or misdemeanor
wherein it shall be requisite to state the ownership or possess-
ion 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 prop-
erty 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 nec-
essary 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. 286. 1860, art. 30, sec. 82. 1852, ch. 63, sec. 2.
438i No indictment or presentment for felony or misde-
meanor shall be quashed, nor shall any judgment upon any
indictment for any felony or misdemeanor, or upon any pre-
|
|