Burns v. State

Deen, Judge,

dissenting. 1. I concur in the judgment insofar as a reversal on Count 1 of the indictment is concerned, but for a different reason. Count 1 charges possession of marijuana on January 20, 1972, and Count 2 possession of marijuana on February 2, 1972. Neither count makes the date an essential element of the offense. Therefore, under this indictment, proof of possession on February 2 and any other time within two years prior thereto constitutes but one offense. "The State in making out its case is not confined to the day named in the accusation, but may prove the commission of the…