State v. Nelson

Giving Instruction 17 was prejudicial error. The information charged the defend*781ant with stealing a horse trailer in North Dakota on or about March 17, 1979, and bringing it into South Dakota on or about March 19, 1979. • The State’s case in chief showed March 17,1979 as the date of theft. This was the record confronting the defendant when he presented his defense.

The defendant then produced substantial evidence that on March 17, 1979, he was in* Miller, South Dakota.

Instruction 17 read:

The Information charges that the offense was committed ‘on or about’ a certain- date and time. The proof…