McKay v. State

Upon further reflection, I do not think the conviction should be set aside for any reason assigned in the former opinion or in tlxe modification thereof on the motion for a rehearing.

1. Though the information was filed in the district *285court April 28, 1910, and the homicide occurred December 7,1909, the date of the murder, as stated in the charge, was December 7, 1910. Why should the future date, which was palpably erroneous, control the charge that the felonious act had been committed in the past, where time is no part of the crime and the prosecution never outlaws? The information shows on…