Ketline v. State

*469The opinion of the court was delivered by

Dixon, J.

The only question presented on this record is whether the indictment, which omits to state the time when the alleged offence was committed, can be sustained upon our statute (Gera. Stat, p. 1128, § 42), which enacts that no indictment- shall be held insufficient for such an omission in any case where time is not of the essence of the offence, as it is not in this case.

The first point for consideration touches the power of the legislature, in view of those clauses of the constitution which declare that “in all criminal- prosecutions the accused…