Levan v. State

1. When, in the,trial of one charged with keeping a gaming-house, the evidence offered to support the charge leaves it uncertain whether the acts testified to were committed before or after the finding of the indictment, the court may properly admit the evidence and instruct the jury not to consider the same if they reach the conclusion that the acts referred-to therein were committed subsequently to the filing of the indictment.

2. In the present case it appears that “during the hearing of evidence upon 'the question of time” the judge distinctly stated to the jury that while the State was…