State v. Eubanks

Roberts, Chief Justice.

The information charges the offense to have been committed “ on the-day of December,” 1872, and the affidavit accompanying it “on the 14th day of December,” 1872.

As an information for a simple assault and battery, it would be barred by the statute of limitations of one year, whether we regard the affidavit as fixing the proper date or not; for, “ on the-day of December,” when taken most strongly against the party pleading, means on the first day of December, which would be more than one year anterior to the date of the filing of the information, which was on *292the 24th…