Plair v. State

1. The evidence in this case was sufficient to establish that the offense charged was committed on May 28, 1918, and from the record it is clear that both the State and the defendant so understood and accepted it, though the evidence on the trial, which took place in July, 1918, was that the offense was committed on “May 28th,” without stating in what year. Tipton v. State, 119 Ga. 304 (2), (46 S. E. 436); Goldberg v. State, 22 Ga. App. 122 (95 S. E. 541). This being true, and the evidence showing that the offense was committed solely on that date, the charge of the judge that the jury might…