Wingo v. State

MORROW, Judge.

This is a conviction for incest. The indictment was filed on May 14, 1918, and charged that the offense was committed on or about June 1, 1915. The court in instructing the jury authorized a conviction if the act of intercourse took place “on or about the day alleged in the indictment.” A timely objection to this phrase of the charge was made, with the suggestion that it be so amended as.to tell the jury that to authorize the conviction they must believe that the act of intercourse took place within three years anterior to the time the indictment was filed, and he complains of…