Rivers v. State

The defendant was found guilty under an accusation charging him with being drunk on a public highway. The accusation charged that the offense was committed on September 19, 1936. None of the witnesses testified to the date the offense was committed. They testified to the “night he was arrested,” and some to his conduct and whefeabouts on “that night.” *291“It is essential, to sustain a conviction of a criminal offense, that it be distinctly shown that the alleged offense was committed prior to the suing out of the accusation. . . The burden is as much upon the State to prove affirmatively that…