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months may be included in the same indictment.
When single taking is charged, prosecutor need not elect, unless more than three takings, or more than six months between first and last taking.
Coin and bank notes may be described as money.
Form of indictment for perjury.
What defects shall not vitiate indictment.
ORDINANCE No. 4 OF 1852.
Criminal Procedure.
mitted by him against the same person within the space of six calendar months from the first to the last of such acts, and to proceed thereon on all or any of them.
11. If, on the trial of any information for larceny, it shall appear that the property alleged to have been stolen was taken at different times, the prosecutor shall not be required to elect upon which taking he will proceed, unless it appear that there were more than three takings, or that more than six calendar months elapsed between the first and last of such takings; and in either of such last mentioned cases, the prosecutor shall be required to elect to proceed for such number of takings not exceeding three as appear to have taken place within the period of six calendar months from the first to the last of such takings.
12. In every information in which it is necessary to make averment as to any money or any note of any bank, it shall be sufficient to describe such money or bank note simply as money, without specifying any particular coin or bank note, and such allegation shall be sustained as regards a description of the property by proof of any amount of coin or any bank note, although the particular species of coin of which such amount was composed or the particular nature of the bank note be not proved; and in cases of embezzlement and obtaining money or bank notes by false pretences, by proof that the defendant embezzled or obtained any piece of coin or bank note, or any portion of the value thereof, although such piece of coin or bank note may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same, or to any other person, and such part shall have been returned accordingly.
13. In every information for perjury or for in any form or way giving false testimony, it shall be sufficient to set forth the substance of the offence charged upon the defendant, without setting forth the commission or authority of the Court or person before whom such offence was committed; and in every information for subornation of perjury, or for procuring or attempting to procure any person to give false testimony in any form or way, it shall be sufficient if the perjury or other offence has been committed by the person perjured or who gave false testimony to allege the offence committed, and then to allege that the defendant unlawfully and wilfully did procure the said person the said offence in manner and form aforesaid to commit; and if the perjury or other offence has not been committed, it shall be sufficient to set forth the substance of the offence charged.
14. No information shall be held insufficient for want of the averment of any matter unnecessary to be proved, nor for the omission of the words "as appears by the record," "with force and arms," "against the peace," nor for the insertion of the words "against the form of the statute" instead of "against the form of the statutes," or vice versa, nor for that any person mentioned in the information is designated by a name of office or other descriptive appellation instead of his proper name, nor for omitting to state the time at which the offence was committed in any case where time is not of the essence of the offence, nor for stating the time incorrectly, nor for want of a proper venue, nor for want of a proper or formal conclusion, nor for want of or