State v. Small
Supreme Judicial Court of Maine
On exceptions. Indictment charging the respondent with being- a common seller of intoxicating liquor between the. 1st day of June, A. D. 1887, and the date of the indictment. At the trial the presiding justice allowed evidence to be introduced by the government tending to show that the defendant was a common seller before the first day of June, 1887, and instructed the jury that the time mentioned in the indictment was not material.
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On exceptions. Indictment charging the respondent with being- a common seller of intoxicating liquor between the. 1st day of June, A. D. 1887, and the date of the indictment. At the trial the presiding justice allowed evidence to be introduced by the government tending to show that the defendant was a common seller before the first day of June, 1887, and instructed the jury that the time mentioned in the indictment was not material. To this ruling and instructions the defendant alleged exceptions.
1Opinion of the CourtVirgin, J.
In setting out, in an indictment, an offence whicq consists of a single act, though an allegation of the time of its commission is necessary, still the evidence of such act is not confined to the time alleged, but may be of acts which took place at any time before the finding of the indictment and within the period allowed by the statute of limitations. Bac. Ab. Indict. G. 4; Com. v. Traverse, 11 Allen, 260.
When the offeuce consists of a series of acts, a day certain must be alleged, and the time is material, and no evidence of the commission of the acts on any other day is admissible. Com.…
2Cases cited2 opinions
- Commonwealth v. ConnorsMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. DunsterMassachusetts Supreme Judicial Court · 1887
3Cited by6 opinions
- State v. MaguireIdaho Supreme Court · 1917
- State v. AustinSupreme Court of Missouri · 1893
- State v. RenoSupreme Court of Kansas · 1889
- State v. DufourSupreme Court of Minnesota · 1913
- Territory of Hawaii v. CrawfordHawaii Supreme Court · 1907
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