Emperly v. State

The appellee was convicted of keeping a house to be used for gaming. The offense was charged to have been committed on the —th day of January, 1895.

Under common law rules it was requisite that in charging a crime, a day, month and year be specifically averred. This was held to be the law under the code of 1852, although it was not required that the proof should conform to the allegation. Clark v. State, 34 Ind. 436; 2 Gavin & Hord, 402, section 56.

By the revision of the criminal code in 1881, however, the law was still further removed from old-time technicalities ; it being provided that no…