State v. Osborne

Citations

• 39 Wash. 548
• 81 P. 1096
• 1905 Wash. LEXIS 898

Syllabus

<p>Criminal -Law—Information—-Certainty—Date of Offense— Variance—-Rape. Under an information charging the commission of rape on a certain day, it is not a variance to prove that it occurred on a Sunday, one or two weeks prior thereto, the allegation as to time being immaterial except to fix a date within the period of the limitation of the statute; and such an information is not uncertain as to the crime charged.</p> <p>Same—Uncertainty as to Date—Several Offenses-—Election. Under an information charging .the commission of a rape on a certain day, no prejudice results from the fact that the evidence of the prosecuting witness showed a series of acts prior to the day named, each constituting the offense, but none on that day, when the prosecuting attorney was required to make an election as to which of the acts he would rely upon for a conviction, and the jury were instructed to acquit unless the accused was found to be guilty of such act.</p>