Grayson v. State
Supreme Court of Arkansas
Appeal from Greene Circuit Court; Frank Smith, Judge; An indictment which fixes no date for the commission of the alleged crime states no cause of action. A blank statement of the year is fatal, when it is not alleged that the offense was committed within the period of limitation. 14 Ky.
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Appeal from Greene Circuit Court; Frank Smith, Judge; An indictment which fixes no date for the commission of the alleged crime states no cause of action. A blank statement of the year is fatal, when it is not alleged that the offense was committed within the period of limitation. 14 Ky. L,. Rep. 400; 30 Mich. 371. The burden is upon the State to prove that the offense was committed -within twelve months next before the finding of the indictment. 57 Ark. 495; 77 Ark. 441; 42 S. W. 915. The former indictment introduced in evidence by the defendant rendered impossible the rebuttal of the…
1Opinion of the CourtMcCulloch, C. J.
At the February term, 1909, of the circuit court of Greene County, the grand jury returned an indictment against the defendant, Charlie Grayson, containing three counts, each charging' him with the offense of gaming, the first count charging that he bet on a game of craps, the second that he bet on a game of poker, and the third that he bet on a certain game of hazard and skill played with -cards, the name of which was to the grand jury unknown. The indictment failed to state the date of the alleged offense, but contained the allegation that it was committed “on the- day of -, 19 — .”
The…
2Cases cited6 opinions
- State v. BlahutSupreme Court of Arkansas · 1886
- Conrand v. StateSupreme Court of Arkansas · 1898
- Carothers v. StateSupreme Court of Arkansas · 1905
- Emerson v. StateSupreme Court of Arkansas · 1884
- State v. BaileySupreme Court of Arkansas · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. TobinWyoming Supreme Court · 1924
- Duffy v. StateWyoming Supreme Court · 1990
- Oakes v. StateSupreme Court of Arkansas · 1918
- Bonds v. StateSupreme Court of Arkansas · 1988
- Cooper v. StateSupreme Court of Arkansas · 1920
10 more not listed; retrieve them via the Exa API.