Miller v. State
Court of Appeals of Georgia
1Opinion of the Court
Deen, Presiding Judge.
1. "It has often been ruled by this court that the state is not bound to prove the commission of the offense charged in an indictment on the precise date alleged therein, but may prove its commission at any time within the statute of limitations next preceding the date of finding the indictment.” Haupt v. State, 108 Ga. 60, 61 (1) (33 SE 829); Accord, McBryde v. State, 34 Ga. 202; McVeigh v. State, 205 Ga. 326, 352 (53 SE2d 462); McGruder v. State, 213 Ga. 259 (1) (98 SE2d 564). Since the date is not under these circumstances a material allegation, it follows that, on…
2Cases cited15 opinions
- McGruder v. StateSupreme Court of Georgia · 1957
- Cole v. StateSupreme Court of Georgia · 1904
- Martin v. StateCourt of Appeals of Georgia · 1946
- Coleman v. StateSupreme Court of Georgia · 1914
- McVeigh v. StateSupreme Court of Georgia · 1949
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Smith v. StateCourt of Appeals of Georgia · 1981
- Thayer v. StateCourt of Appeals of Georgia · 1988
- Garrett v. StateCourt of Appeals of Georgia · 1978
- Hutto v. PlagensSupreme Court of Georgia · 1985
- Goldsmith v. StateCourt of Appeals of Georgia · 1979
11 more not listed; retrieve them via the Exa API.