State v. Elliot

The indictment.charges that the defendant did, on or about the first day of August, A.. D. 186.9, take up and use a certain stray horse. On the trial the district attorney moved to strike out the words “ or about ” before the first day of August,” and to insert-instead the words, “ to-wit,” which motion, was overruled by the court, to which ruling the district attorney excepted. The defendant then excepted to the sufficiency of the indictment, because it did not change the offense to have been committed at any certain time. The court sustained the exceptions and quashed the. indictment, and…