The proviso to section 26(12) of Act 372 provided for the dismissal of an appeal based on grounds of defect or error in the charge sheet, provided there was available evidence to support the offence alleged in the statement of offence, or any other offence of which the accused could have been convicted. Accordingly, in the instant case, even if the charge sheet before the trial circuit court was defective, ie for failing to disclose the date and the place where the offence had been committed, since all the essential elements of the charge of extortion were proved against the appellant, that defect could not subvert the jurisdiction of the trial circuit court