State v. Tessnear

WiNBORNE, C.J.:

At the outset defendant contends and urges that the trial court erred in denying his motion to quash the bill of indictment, and in arrest of judgment, for that the bill contains no definite reference to the time the alleged crime was committed. In this connection, while it is true that the bill of indictment here contains no such date, this Court has uniformly held that when time is not of the essence of the offense leaving out the date does not make it defective. See S. v. Peters, 107 N.C. 876, 12 S.E. 74; S. v. Francis, 157 N.C. 612, 72 S.E. 1041; S. v. Andrews, 246 N.C.…