Page:United States Statutes at Large Volume 30.djvu/1328

 1290 FIFTY-FIFTH CON GRESS. Sess. III. Ch. 429. 1899. Third. The particular circumstances of the crime charged when they are necessary to constitute a complete crime. P¤°°¤¤d*¤S¤ W h 6 ¤ SEO. 42. That when a defendant is indicted by a fictitious or erroneous 325i32x2E37m by name, and in any stage of the proceedings his true name is discovered, it may be inserted in the subsequent proceedings, referring to the fact of his being indicted by the name mentioned in the indictment. I¤<l*¢¤¤¤¤¤ ¤¤ ¤ ¤ * Sec. 43. That the indictment must charge but one crime, and in one
 * l§$r€°»i°.`§tr§¤i°,$,°"m° form only; except that where the crime may be committed by use of

diilerent means the indictment may allege the means in the alternative. Time. when mate Sec. 44. That the precise time at which the crime was committed {xii}? 22h2R,??,'; £§‘{ need not be stated in the indictment, but it may be alleged to have been committed at any time before the finding thereof, and within the time in which an action may be commenced therefor, except where time is a material ingredient in the crime. ,,,$,'§‘,ff,§",§‘,.}‘,,';',§j",,,*’,f_?,'j Sec. 45. That when a crime involves the commission of or an attempt ea to tt. to commit a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured or intended to be injured is not material. Whatdcscppnonof Sec. 46. That when a crime involves the taking of or injury to an "‘*""’ "’°°‘°“°‘ animal, the indictment is sufficiently certain in that respect if it describes the animal by the common name of its class. 'g_3:¤¤¤¤¤•>¤ ¤f Sec. 47. That the words used in an indictment must be construed in · their usual acceptation in common language, except words and phrases defined by law, which are to be construed according to their legal meaning. mY,¤*;_i:t gg ¤gi¤;{¤ Sec. 48. That words used in a statute to deiine a crime need not be ,..;..1, ° "° y strictly pursued in the indictment, but other words conveying the same meaning may e used. ‘ 1¤•n¤¤¤¤¤•..wn•¤ `Sec. 49. That the indictment is sufficient if it can be understood °"“"‘°"" therefrom : ' First. That it is entitled in a co1u·t having authority to receive it, though the name of the court be not accurately stated; Second. That it was found by a grand jury of the political division in which the court was held; Third. That the defendant is named, or if his name can not be discovered, that he is described by a fictitious name, with the statement that his real name is to the jury unknown; Floturth. That the crime was committed within the jurisdiction of the QOH ; Fifth. That the crime was committed at some time prior to the finding of the indictment, and within the time limited by law for the commencement of an action therefor; _Sixth. That the act or omission charged as the crime is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such manner as to enable a person of common understanding to know what is intended; Seventh. That the act or omission charged as the crime is stated with such a degree of certainty as to enable the court to pronounce judgment, upon a conviction, according to the right of the case. B lndéctgnens igottsufi Size. 50. That no indictment is insufficient, nor can the trial, judg- ,,f;,‘§f °' ° °° ° inout, or other proceedings thereon be affected by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of · the substantial rights of the defendant upon the merits. m§}?r¤¤:1rm;¤;; jug; _  51. That neither presumptions of law nor matters of which ciany known need not judicial notice is taken need be stated in an indictment. "°,Ef;,°:;g a jam SEO. d2. That in pleading a judgment or other determination of or mz; or- gzcseiigg proceeding before a court or officer of special jurisdiction it is not _,,,,c,,,_{Q,,,Sd,c,,0,,_ necessary  state the facts conferring jurisdiction; but the judgment, determination, or proceedin g may be stated to have been duly given or made. The facts conferring jurisdiction, however, must be established on the trial. Plg£:u¤u:m,h¤w SEC:   That in pleading a private statute, or right derived there- ‘ from, it is suuicxent to refer to the statute by its title and the day of its passage, and the court must thereupon take judicial notice thereof.