State v. Noland

The appellee was indicted at the March term, 1867. The indictment charges that “ James Noland, on the 12th day of December, 1867, at &c., did, then and there, suffer his building and tenement to he used for gaming, contrary to the form of the statute,” &c. Plea, not guilty. Trial by jury; verdict, guilty. Motion in arrest sustained. The State appeals.

The time charged is an impossible date; there is, there*213fore, no time fixed at which the offense was committed. The precise time of the commission of an offense need not be stated, but it must be shown to have been within the statute of…