Rule 41-11. Remedies for Minor Defects Not Requiring Dismissal

If the judicial authority determines that any of the defects stated in Section 41-10 exist in any information, it shall order such relief as is required to remedy such defect, including the severance of such information into separate counts or the filing of a bill of particulars. No appeal, or motion made after verdict, based on any of the defects enumerated in Section 41-10 shall be sustained unless it is affirmatively shown that the defendant was, in fact, prejudiced in his or her defense upon the merits and that substantial injustice was done to the defendant because of such defect.

Committee Notes

(P.B. 1978-1997, Sec. 818.)