State v. Wade

Toal, Justice:

The sole issue presented in this appeal is whether an indictment should be quashed as unconstitutionally vague or over-broad if it alleges that a criminal offense occurred at some point within a two year time period. We hold that under the particular circumstances of this case, the trial judge acted properly in refusing to quash the indictment.

FACTS

The Appellant John Wade was tried for the offense of criminal sexual conduct with a minor in the first degree. The body of the charging indictment read as follows:

That John D. Wade, Jr. did in Aiken County at divers times during 1984…