State v. Rector

I disagree with the conclusion of the majority concerning the sufficiency of the second count of the indictment. I agree with the majority opinion that in misdemeanor cases it is not necessary that the indictment state a specific date upon which the offense charged was committed, provided that it does allege that it took place within one year previous to the finding of the indictment. That is the holding in State v. Davis, 68 W. Va. 184, 69 S. E. 644, and State v. Farley, 78 W. Va. 471, 89 S. E. 738. Further information concerning the time of the occurrence could be obtained by the accused by…