Ex Parte Drake

On Motion for Rehearing

MORRISON, Judge.

Appellant urges that we discuss his contention that the indictment which was introduced at the hearing alleged no date on .which the offense, with which he was charged having committed in the State of Alabama, occurred. The indictment reads in part as follows:

“Circuit Court of Montgomery County, November Term A.D. 1961.

“The Grand Jury of said County charge that, before the finding of this indictment, Guy Drake * * * did *

Were we writing on a clean sheet, we might be inclined to agree with appellant’s contention, but we find that this Court has held in…