Allen v. State

The appellant moved in the Court below that an indictment against him for bastardy be quashed because, after charging that the fornication was committed on the first day of December, 1914, it averred that the illegitimate child thus begotten was born alive on the first day of December, 1915. The indictment was found on October 14th, 1915, and it is said to be fatally defective in alleging that the child was born on a date which had not then arrived, and which would occur twelve months after the time of conception, and beyond the longest possible period of pregnancy. Upon this appeal the only…