10.37.056 - Indictment or information -- Certain defects or imperfections deemed immaterial. - Washington Statutes

Indictment or information — Certain defects or imperfections deemed immaterial.

No indictment or information is insufficient, nor can the trial, judgment or other proceedings thereon be affected, by reason of any of the following matters, which were formerly deemed defects or imperfections:

     (1) For want of an allegation of the time or place of any material fact, when the time and place have been once stated;

     (2) For the omission of any of the following allegations, namely: "With force and arms," "contrary to the form of the statute or the statutes," or "against the peace and dignity of the state;"

     (3) For the omission to allege that the grand jury was impaneled, sworn, or charged;

     (4) For any surplusage or repugnant allegation or for any repetition, when there is sufficient matter alleged to indicate clearly the offense and the person charged; nor

     (5) For any other matter which was formerly deemed a defect or imperfection, but which does not tend to the prejudice of the substantial rights of the defendant upon the merits.

[1891 c 28 § 30; Code 1881 § 1015; 1873 p 227 § 198; 1869 p 242 § 193; RRS § 2066. Formerly RCW 10.37.050, part.]

Notes:Ownership of property, proof of: RCW 10.58.060.