State v. Webb
Idaho Supreme Court
APPEAL from District Court, Shoshone County. The court erred in overruling the demurrer of the defendant to the indictment.
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APPEAL from District Court, Shoshone County. The court erred in overruling the demurrer of the defendant to the indictment. The indictment in this cause is insufficient and defective in the following particulars: (a) It is indefinite and uncertain as to the time of the alleged robbery, in that it alleges it to have been “on or about the twenty-sixth day of October, A. D. 1897.” The averment as to the time of the commission of an offense must be- of a date certain prior to the filing of the indictment. (Commonwealth v. Adams, 4 Gray (Mass.), 27; Commonwealth v. Keefe, 9 Gray (Mass.), 290;…
1Opinion of the CourtHuston, C. J.
— Defendant was convicted of the crime of robbery, from which judgment of conviction, and from the order denying his motion for a new trial, defendant appeals. Defendant makes eighteen assignments of error, as grounds for a reversal of the judgment. The first assignment of error is to the sufficiency of the indictment. Defendant demurred to the indictment upon the grounds: “1. That it does not substantially- conform to the requirements of sections 7677-7679 of the Bevised Statutes of Idaho; 2. That the facts stated in said indictment do not constitute a public offense.’ These ob-*433jeetions are…
Also in this document: Concurrence.
2Cases cited3 opinions
- State v. RollaMontana Supreme Court · 1898
- Buckley v. StateMississippi Supreme Court · 1885
- State v. ShaferMontana Supreme Court · 1898
3Cited by16 opinions
- State v. OwenIdaho Supreme Court · 1953
- State v. FarnsworthIdaho Supreme Court · 1932
- State v. BesterSupreme Court of Iowa · 1969
- State v. KleierIdaho Supreme Court · 1949
- State v. RogersIdaho Supreme Court · 1917
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