State v. Thompson
Montana Supreme Court
Appeal from Fifth Judicial District, Jefferson County. The defendant was tried before Galbraith, J. Statement of the case, prepared by the judge delivering the opinion. This is an appeal by the defendant from a judgment on conviction for the crime of rape.
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Appeal from Fifth Judicial District, Jefferson County. The defendant was tried before Galbraith, J. Statement of the case, prepared by the judge delivering the opinion. This is an appeal by the defendant from a judgment on conviction for the crime of rape. Three points are relied upon by the appellant, which may be stated as follows:— 1st. The indictment, in charging the time of the commission of the offense, uses this language, “on or about the twelfth day of April, A. D. 1889.” The Criminal Practice Act of this State declares: “Sec. 166. The precise time of the commission of an offense need…
1Opinion of the CourtDe Witt, J.
’The first question which we meet is whether, under our statute, section 166 of the Criminal Practice Act, the allegation of time, “on or about the twelfth day of April, A. D. 1889,” is sufficient. The obnoxious words, in appellant’s view, are “on or about.” Appellant argues that a single certain day must be laid in the indictment, although the proot is sufficient if it bring the offense within the Statute of Limitations.
Appellant cites from Archbold’s Criminal Pleading and Practice, page 275: “Formerly, the indictment must have stated, either expressly or by way of reference, the day, month,…
2Cases cited47 opinions
- People v. WebbCalifornia Supreme Court · 1869
- Ward v. StateSupreme Court of Alabama · 1856
- People v. . PalmerNew York Court of Appeals · 1888
- People v. BarricCalifornia Supreme Court · 1874
- State v. TullerSupreme Court of Connecticut · 1867
42 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. WilliamsWashington Supreme Court · 1895
- Rema v. StateNebraska Supreme Court · 1897
- Watson v. StateCourt of Criminal Appeals of Oklahoma · 1924
- State v. RogersMontana Supreme Court · 1904
- Marshall v. StateCourt of Criminal Appeals of Texas · 1914
17 more not listed; retrieve them via the Exa API.