Hampton v. State

ON MOTION FOR REHEARING.

MORRISON, Judge.

Appellant calls our attention to the fact that we did not dis*247cuss his Bill of Exception No. 7. Such was directed to the failure to grant a new trial because the state had not proven the year in which the offense was committed.

We have again examined the statement of facts with this complaint in mind. The rule is well expressed as follows:

“While it is not incumbent upon the state to prove the exact date named in the indictment, yet proof that the offense was committed at such time as that the prosecution would not be barred by the statute of limitations…