 | Law reports, digests, etc - 1908 - 1346 pages
...particularity. No allegation, though It may have been unnecessary, can be rejected as surplusage, If it Is descriptive of the identity of that which is legally essential to the charge. The application of the rule may often seem to defeat the ends of justice, but, on the whole, the rule... | |
 | Law reports, digests, etc - 1909 - 1148 pages
...6. INDICTMENT AND INFOBMATION (| 120*) — SUBPLUSAGE. Allegations which, although unnecessary, are descriptive of the identity of that which is legally essential to the charge cannot be rejected as surplusage. [Ed. Note. — For other cases, see Indictment and Information, Cent.... | |
 | Law reports, digests, etc - 1910 - 1336 pages
...NE 117, the court said : "It is settled that where an indictment or information contains allegations descriptive of the identity of that which Is legally essential to the charge, even though the description be unnecessarily minute, the proof must agree substantially with the description."... | |
 | Criminal law - 1910 - 590 pages
...305) : "This rule is said not to extend to allegations (whether necessary or unnecessary), which are descriptive of the identity of that which is legally essential to the chargi-. " [Archbold Cr. Pleading, 22nd edition, page 280.] I find the matter summarized in another... | |
 | Law reports, digests, etc - 1911 - 1330 pages
...detriment to the indictment, are considered as mere surplusage and may be disregarded in evidence. But no allegation, whether it be necessary or unnecessary,...the indictment, can ever be rejected as surplusage.' 3 Sumn. 15 [Fed. Gas. No. 15,403]. In sttll other words, says Mr. Bishop, 'wherever there is a necessary... | |
 | Law reports, digests, etc - 1913 - 1148 pages
...while immaterial averments may be rejected, there cannot be a rejection as surplusage of an averment which is descriptive of the identity of that which is legally essential to the claim or charge and this includes those allegations which operate by way of description or limitation... | |
 | Edson Read Sunderland - Pleading - 1914 - 860 pages
...proved, is fatal. In State v. Kopp, 15 NH 212, it is said: "It is a most general rule that no allegation which is descriptive of the identity of that which is legally essential to the claim or charge can he rejected." (See, also, 1 Phillips on Evidence, 709, 710; Stephens' Pleading,... | |
 | Thomas Welburn Hughes - Criminal law - 1919 - 808 pages
...state the name of the thief, but if it does, the proof must conform.83 The rule as stated by Story is, "No allegation, whether it be necessary or unnecessary,...the indictment can ever be rejected as surplusage." If the whole of the statement can be stricken out without destroying the accusation and charge, it... | |
 | Thomas Welburn Hughes - Criminal law - 1919 - 810 pages
...state the name of the thief, but if it does, the proof must conform.98 The rule as stated by Story is, "No allegation, whether it be necessary or unnecessary, whether it be more or less rarticular, which is descriptive of the identity of that which is legally essential to the charge in... | |
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But no allegation, whether it be necessary or unnecessary, whether it be more or less particular, which is descriptive of the identity of that which is legally essential to the charge in the indictment, can ever be rejected as surplusage. 
