Imperfections of indictments cannot be cured by amendment either at common law or by statute. Blackstone says: None of the statutes of jeofails for amendments of error extend to indictments or proceedings in criminal causes.70 The accused must be tried, if at all, upon the indictment as it was presented by the grand jury.71 In some states, however, amendments to indictments are permitted by statute as to matters of form but not of substance.72 The only way to remedy substantial defects in an indictment is to resubmit the case to the same grand jury, if in session, or to some future one for a new indictment. And of course the witnesses must be recalled and examined for that purpose.73

66 Jones vs. People, 1 Scam. (Ill.), 477; Wickersham vs. People, 1 Scam. (Ill.), 129; Com. vs. Turner, 8 Bush (Ky.), 1. (Wilfully.)

67 Ter. vs. Miera, 1 N. M., 571; State vs. Lutterloh, 22 Tex., 210.

68 State vs. Child, 42 Kan., 611; Hess vs. State, 45 N. J., 445;

Grayson vs. State, 37 Tex., 228; Harris vs. State, 34 Mo., 347.

69 Boyd vs. Com., 77 Va., 54.

70 Blackstone Com., 376.

71 Patrick vs. People, 132 Ill., 533. 72 Hughes' Cr. Law, Sec. 2761;

State vs. McCarty, 17 R. I., 370; State vs. Minford, 64 N. Y., 518.