 | 1894 - 268 páginas
...prosecutions, howeve'r, by the comprehensive and liberal spirit of the penal code, it is provided that after hearing the appeal, the court must give judgment...to exceptions which do not affect the substantial rights of the parties; and still, in a very recent criminal case, the Court of Appeals refused a reversal... | |
 | Austin Abbott - 1895 - 776 páginas
...Section 542 of the Code of Criminal Procedure should be applied. That section provides as follows : " After hearing the appeal the court must give judgment,...to exceptions which do not affect the substantial rights of the parties. [ The learned Chief Judge then disposed of other questio All the judges concurred.... | |
 | California. Supreme Court - 1895 - 1110 páginas
...section 1258 of the Penal Code. (People v. Smith, 59 Cal. 601.) 2035. On hearing appeal this court will give judgment without regard to technical errors or...to exceptions which do not affect the substantial rights of a defendant. (People v. Sprague, 53 Oal. 491.) Cited 59 Cal. 604 ; 62 Oal. 621 ; 64 Cal.... | |
 | 1895 - 1250 páginas
...and not otherwise" ЧС'ошр. Laws, § 743У), and which requires this court, on writ of error, "to give judgment without regard to technical errors or defects, or to exceptions which do uot affect the substantial rights of the parties" (Id. § 7520). In -this case the record does show... | |
 | California. Commission for Revision and Reform of the Law - 1896 - 336 páginas
...of the above papers are a county charge. SECTION 1258. To be amended to read as follows: Sec. 1258. After hearing the appeal, the court must give judgment...to exceptions which do not affect the substantial rights of the parties; and it shall be presumed on appeal that technical errors, defects or exceptions,... | |
 | 1896 - 670 páginas
...and, then, in section 542 it is provided that after hearing the appeal from a judgment of conviction "the court must give judgment without regard to technical...to exceptions which do not affect the substantial rights of the parties." In all criminal proceedings the People. as well as the defendants, have rights,... | |
 | 1896 - 1164 páginas
...certificate of the clerk here was in good form, except that the seal was not afiixed; but we are required to give judgment without regard to technical errors or...to exceptions which do not affect the substantial rights of the parties. Gen. St. 1889, par. 5355; Laurent v. State, 1 Kan. 313; Millar v. State, 2 Kan.... | |
 | Marcus Tullius Hun, New York (State). Supreme Court - 1894 - 734 páginas
...therefore, under the provisions of the Code of Criminal Procedure (§ 542) it becomes our duty " to give judgment without regard to technical errors or...to exceptions which do not affect the substantial rights of the parties." In this connection, also, it should be remembered that few, if any, of these... | |
 | New York (State) - 1896 - 1262 páginas
...be furnished for the use of the court. Code Crim. Pro., § 763. 120 Wnat Judgment may be rendered. After hearing the appeal the court must give judgment without regard to technical errors or defects which have not prejudiced the substantial rights of the defendants, and may render the judgment which... | |
 | Marcus Tullius Hun - 1884 - 794 páginas
...to the power of the appellate court to give judgment on disposing of the appeal. The directions are, after hearing the appeal, the court must give judgment without regard to technical errors or to exceptions which do not affect the substantial rights of the parties. The next section (sec. 543)... | |
| |
After hearing the appeal, the court must give judgment, without regard to technical errors or defects or to exceptions which do not affect the substantial rights of the parties. 
