Werner v. State
Supreme Court of Georgia
Criminal law. Indictment. Before Judge Hopkins. Fulton. Superior Court. October Term, 1873. Werner was placed on trial upon an indictment charging him with the offense of misdemeanor, the only material portion of which was as follows: “For that the said Herman Werner, in the comity aforesaid, on the fourth day of April, in the year of our Lord, eighteen hundred and seventy-three, being the Sabbath day, did keep open a tippling house.” The •defendant pleaded not guilty.
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Criminal law. Indictment. Before Judge Hopkins. Fulton. Superior Court. October Term, 1873. Werner was placed on trial upon an indictment charging him with the offense of misdemeanor, the only material portion of which was as follows: “For that the said Herman Werner, in the comity aforesaid, on the fourth day of April, in the year of our Lord, eighteen hundred and seventy-three, being the Sabbath day, did keep open a tippling house.” The •defendant pleaded not guilty. The jury found to the contrary. He moved that judgment be arrested because the indictment showed upon its face that the day…
1Opinion of the Court
Trippe, Judge.
The indictment charged the defendant with keeping open a tippling house “on the fourth day of April, 1873, being the Sabbath day.” The,fourth day of April, 1873, was Friday. Was it a good indictment? We are fully aware of the general rule, that though a day and year must be alleged in every indictment, time is not material, and that a different clay from tbe one laid may generally be proved, provided it be within the period prescribed by the statute of limitations. But there *427are several exceptions which prevent the rule from being of universal application. One is where written…
2Cases cited1 opinion
- United States v. BrownU.S. Circuit Court for the District of Ohio · 1843
3Cited by9 opinions
- Caldwell v. StateCourt of Appeals of Georgia · 1976
- Gay v. Laurens CountySupreme Court of Georgia · 1957
- Nelson v. StateCourt of Appeals of Georgia · 1935
- Dorough v. Equitable Mortgage Co.Supreme Court of Georgia · 1903
- Dinkler v. JenkinsCourt of Appeals of Georgia · 1968
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