Washington Code 10.37.056 – Indictment or information — Certain defects or imperfections deemed immaterial
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No indictment or information is insufficient, nor can the trial, judgment or other proceedings thereon be affected, by reason of any of the following matters, which were formerly deemed defects or imperfections:
Terms Used In Washington Code 10.37.056
- Allegation: something that someone says happened.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) For want of an allegation of the time or place of any material fact, when the time and place have been once stated;
(2) For the omission of any of the following allegations, namely: “With force and arms,” “contrary to the form of the statute or the statutes,” or “against the peace and dignity of the state;”
(3) For the omission to allege that the grand jury was impaneled, sworn, or charged;
(4) For any surplusage or repugnant allegation or for any repetition, when there is sufficient matter alleged to indicate clearly the offense and the person charged; nor
(5) For any other matter which was formerly deemed a defect or imperfection, but which does not tend to the prejudice of the substantial rights of the defendant upon the merits.
[ 1891 c 28 § 30; Code 1881 § 1015; 1873 p 227 § 198; 1869 p 242 § 193; RRS § 2066. Formerly RCW 10.37.050, part.]
NOTES:
Ownership of property, proof of: RCW 10.58.060.