Omission or error in charge cured unless appellate court finds failure of justice; it may frame charge or order retrial.

Omission, absence or error in a charge does not alone invalidate a court's finding, sentence or order unless the appellate court considers that a failure of justice has occurred; upon such a finding the appellate court may order framing of a charge and recommence the trial, direct a new trial on a properly framed charge, or quash the conviction if no valid charge can be sustained on the proved facts.

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