Topic: the mere reference in a charging instrument to an incorrect… · Go Syfert
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Topic #35347

2 canonical passages across 2 cases, quoted by 10 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from People v. McBrien.

#Case FlagCanonical passage Citers
1 People v. McBrien Anchor
illappct · 1986
green “the mere reference in a charging instrument to an incorrect chapter or section of a statute is regarded as a formal rather than a substantive defect.” 5
2 People v. Melton
illappct · 1996
green “only where the defendant demonstrates prejudice will the mere fact that a criminal complaint contains an incorrect citation to the criminal statute be grounds for dismissal of the conviction.” 5

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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