Stevenson v. State

MORROW, Presiding Judge.

The offense is aggravated assault; punishment fixed at a fine of one hundred dollars.

The date of the offense is charged in the following words:

“* * * On or about the 22nd day of November, A. D. one thousand nine hundred and twenty twenty five and anterior to the presentment of this indictment.”

A specific averment of the date upon which the offense was committed is an essential element of the indictment. It has often been held a matter of substance and not of form. See Johnson v. State, 160 S. W. Rep. 702; Mealer v. State, 145 S. W. Rep. 355. The reason for holding the…