People v. Leneschmidt

Complaint for bastardy alleged that the child was begotten on or about the 9th day of May, 1930, the occasion and circumstances being definitely stated. The proofs placed the time in the forepart of April, without change of the occasion and circumstances. Defendant claims fatal variance as to dates.

Conviction must be confined to the act charged in the complaint. Showing of other acts of intercourse is permitted only as bearing on the probability of commission of the one relied on. People v. Schilling, 110 Mich. 412. When the date is alleged with particularity, it must be proved as laid (Hull…