Erwen v. State

The defendant was indicted for grand larceny, by the grand jury of Sfc. Louis county, was tried and convicted. He thereupon made his motion in arrest of judgment, assigning as the reason in support of the motion, the insufficiency of the indictment in this, that there is no time alleged when the felony was committed. Upon looking into the record of the proceedings of the Criminal Court, I find that the indictment w'holly omits to allege any time at which the offense was committed.

*217This is a fatal error ; for which the court below should have sustained the motion in arrest. It is thought…