State v. Beckwith
Supreme Court of Alabama
Beckwith was indicted in the Circuit Court of Lau-derdale county, for an assault on one David Houston. The indictment contained two counts ; one for an assault with an intent to commit murder., the other for a common assault. In each count, the offence was laid to have been committed “ on the-day of-in the year 1826.” There was a verdict and sentence against the defendant.
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Beckwith was indicted in the Circuit Court of Lau-derdale county, for an assault on one David Houston. The indictment contained two counts ; one for an assault with an intent to commit murder., the other for a common assault. In each count, the offence was laid to have been committed “ on the-day of-in the year 1826.” There was a verdict and sentence against the defendant. A motion was made to arrest the judgement, on the' ground that there was no day certain laid in the indictment, on which the offence was committed. The motion was overruled by the Court below, but the point was reserved…
1Opinion of the Court
JUDGE SAFFOLD
delivered the opinion of the Court.
The omission to state with certainty the time of the commission of the offence, is one of the causes assigned for error.
In the language of a man confessedly great, “ it is laid down as an undoubted principle in all the books that treat of this matter, that no indictment whatever can be good, without precisely shewing a certain year and day of the material facts alleged in it.” b It is also held by most or all the ancient crown lawyers, that the time of the commission of offences is, in the-general, necessary to be stated in the indictment, and…
2Cited by4 opinions
- Harris v. StateAlabama Court of Appeals · 1968
- People v. MillerCalifornia Supreme Court · 1859
- Martin v. StateSupreme Court of Alabama · 1856
- Harris v. StateAlabama Court of Appeals · 1968