Straughter v. State

Citations

• 83 Fla. 683
• 92 So. 569

Syllabus

<p>1. At common law it is necessary that an indictment allege ‘ a definite date upon which the alleged crime was committed.</p> <p>2. There is no statute in this State expressly changing the rule at common law requiring an indictment to state a definite date upon which the alleged crime was committed.</p> <p>3. Except in those cases where the allegation and proof of the precise time are material, a different date from that alleged in an indictment before the return of the indictment and within the statute of limitations may be proved at the trial as the date upon which the alleged crime was committed.</p> <p>4. An indictment charging an offense to have been committed upon an impossible date is defective.</p> <p>5. There is no- such date in the calendar as September 31, and an indictment charging an offense to have been committed on such date is defective and a motion in arrest of judgment upon a conviction on such indictment seasonably made should be granted.</p>