State v. Simmering

BERNSTEIN, Vice Chief Justice

(dissenting) .

I agree with the majority that the disputed instruction was error and that the Colvin case should be overruled. However, I cannot agree that the error did not constitute reversible error. The instruction in effect states that time is immaterial in the. proof of the crime alleged.

The issue presented by the uncontradicted testimony was that the defendant committed’ the act of forgery between the hours of.' 2:00 and 5:00 P.M. on August 10, 1959'.. The defendant, after having given advance notice to the state and the court of her intention to offer…