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No conviction to be quashed on the ground of error in the complaint.
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76. No conviction or order made by any justice or justices shall be held void, or shall be quashed by reason of any defect omission or variance in the summons charge or information upon which the same shall purport to have been made, provided that such defect omission or variance shall not have misled or prejudiced the defendant or have affected the merits of the case; and the justice or justices at the original hearing, or any court of appeal or superior court before whom the decision of any such justice or justices shall afterwards come, may, upon such terms as shall appear just, make any amendment in any summons charge or information which shall appear to be requisite for the purpose of making the conviction or order conformable with the same, or of raising the real question at issue and deciding the case as justice shall require.
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