Commonwealth v. Smith

By JUDGE EDWARD L. RYAN, JR.

The indictment charges that "on or about July 1, 1980, and until September 14, 1981,” the defendant conspired with others. Defendant says the chronology is so vague that he is entitled to clarification as demanded in his motion for a bill of particulars.

Unquestionably, indictments must recite that the offense was committed on or about a certain date; however, flexibility is permitted and the indictment is not defective if it omits to state, or states imperfectly, the time the offense was committed, unless time is of the essence of the offense. Code § 19.2-266(6).…