Brockway v. State

Appellant was convicted of involuntary manslaughter. The affidavit charged the assault and battery on September 5, and the death of the victim on October 21, 1919. The venue of both the stroke and the death is laid in Tippecanoe county, Indiana. The proof shows death of the alleged victim in the state of Ohio. So the first question is, Does this proof support the charge? Or, to put the question another way, Is place of death material? It is fundamental in criminal pleading that each material fact must be charged with reasonable certainty as to time and place. The Bill of Rights in our…