Description of instrument destroyed or withheld

When an instrument which is the subject of an indictment has been destroyed or withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment, and established on the trial, the misdescription of the instrument is immaterial. Code 1858, § 5132; Shan., § 7095; Code 1932, § 11640; T.C.A. (orig. ed.), § 40-1812. When an instrument which is the subject of an indictment has been destroyed or withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment, and established on the trial, the misdescription of the instrument is immaterial. Code 1858, § 5132; Shan., § 7095; Code 1932, § 11640; T.C.A. (orig. ed.), § 40-1812.