State v. Daniels

The court directed a verdict in favor of the respondent at the close of the state’s case, and permitted the state to appeal the ruling before final judgment. The respondent was charged with lewd and lascivious conduct with a child “on or about the 16th day of September, 1969.” When the evidence was in it established the date of the offense as August 28, 1969. The respondent argued that there was a variance between the date alleged and the date evidenced so great that the direction of a verdict in his favor was required. The court agreed, observing that it would be improper to allow the state…