896
Objection of substance to indictment.
Conviction on indictment No. 9 of 1899.
CRIMINAL PROCEDURE.
ment, nor shall such count be mentioned to the jury when he is given in charge to them or when they are sworn, nor shall he be tried upon it if he is acquitted on the other counts; but, if he is convicted on any other part of the indictment, he shall be asked whether he has been previously convicted as alleged or not; and if he says that he has not, or does not say that he has been so convicted, the jury shall be charged to inquire into the matter as in other cases.
54. (1) No objection to an indictment shall be taken by way of demurrer, but if an indictment does not state in substance an indictable offence or states an offence not triable by the court, the accused person may move the court to quash it or in arrest of judgment.
(2) If such motion is made before the accused person pleads, the court shall either quash the indictment or amend it.
(3) If the defect in the indictment appears to the court during the trial, and the court does not think fit to amend the indictment, it may either quash the indictment or leave the objection to be taken in arrest of judgment.
(4) If the indictment is quashed, the court may direct the accused person to be detained in custody until the termination of the session or to be released on bail, and may order him to plead to another indictment when called on at the same session of the court.
[ss. 55 and 56, rep. No. 17 of 1919.]
Conviction for offence other than that charged.
57. If, on any trial for any felony, except murder or manslaughter, where the indictment alleges that the accused person did cut, stab, or wound any person, the jury are not satisfied that the accused person is guilty of the felony charged in the indictment, but are satisfied that he is guilty of unlawful cutting, stabbing, or wounding, then and in every such case the jury may acquit the accused person of such felony and find him guilty of unlawful cutting, stabbing, or wounding, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for the misdemeanor of cutting, stabbing, or wounding.