Misrecital Law and Legal Definition
Misrecital refers to an incorrect or inaccurate recital of a matter of fact, in an agreement or a pleading.
In order to be vital, a misrecital must have occurred “through mistake and not through design; through carelessness, unskillfulness, or misapprehension of the draftsman, which may and does frequently happen, by committing the preparation of such instruments to careless, ignorant, or incompetent persons”. [George C. Fetter & Co. v. Cirode, 43 Ky. 482, 484 (Ky. 1844)]
The misrecital of the sections of a code does not make a complaint void. However, the facts set forth in the complaint should constitute an offense under a statute, to prevent the complaint from becoming invalid. [Allen v. State, 33 Ala. App. 70, 73 (Ala. Ct. App. 1947)].
As a general rule, a misrecital of the statute does not avoid the indictment where the facts stated constitute an offense under a statute. [Scott v. State, 1957 OK CR 63 (Okla. Crim. App. 1957)].
