Hunt v. State

Dissenting Opinion.

Martin, J.

I respectfully dissent from the judgment herein.(1) The purpose of the law .in requiring the date of an alleged offense to be placed in the indictment or affidavit is to. apprise the defendant of the time of the unlawful act charged against him so that he may prepare his defense and to show that the offense is not barred by the statute of limitations. I believe that the affidavit here accomplishes these things and is sufficient; and under the following statutes, is good as against a motion to quash:

“The indictment or affidavit is sufficient if it can be understood…