Legal Opinion

Tipton v. State

Supreme Court of Georgia

Decided January 12, 1904PublishedCited by 23 opinions

Indictment for assault with intent to murder. Before Judge Henry. Walker superior court. November 5, 1903.

1Opinion of the CourtLamar, J.

An indictment must allege a certain time within the statute of limitations when the offense was committed. Bailey v. State, 65 Ga. 410. If the day and month are given and the year is omitted, it is insufficient. Hence, a charge that an offense was committed on “ the 3rd of June, instant,” was held to be defective, in Com. v. Hutton, 5 Gray 89. Gregory v. People, 30 Mich. 371; White v. State, 93 Ga. 48 (4). While the allegations in the indictment must be specific, the time may be established by circumstantial evidence, and the present case is within the rule laid down in Tillson v. Bowley, 8…

2Cases cited3 opinions

  1. Bailey v. StateSupreme Court of Georgia · 1880
  2. People v. GregoryMichigan Supreme Court · 1874
  3. Lehritter v. StateIndiana Supreme Court · 1873

3Cited by23 opinions

  1. Jordan v. StateSupreme Court of Georgia · 1904
  2. Caldwell v. StateCourt of Appeals of Georgia · 1976
  3. Jackson v. StateCourt of Appeals of Georgia · 1981
  4. Cain v. StateCourt of Appeals of Georgia · 1977
  5. McLamb v. StateCourt of Appeals of Georgia · 1985

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