Whatley v. State

Citations

• 46 Fla. 145

Syllabus

<p>1. The amendment of a criminal statute does not, under section 32, Article III, constitution of 1885, affect the prosecution or punishment of a crime committed before the amendment became effective, but as to such crimes the original statute remains in force.</p> <p>2. An indictment charging the particulars of an offense under section 2598, Revised Statutes, as it stood prior to the amendment thereof by chapter 4965, acts of 1901, but alleging the time of its commission as a day subsequent to the amendment, will not support a conviction for an offense committed prior to the amendment.</p> <p>3. As a general rule the precise date laid in the indictment as the time of the commission of an offense need not be proved, and there will be no variance if another day be proved, provided it be prior to the finding of the indictment and within the statute of limitations. But every indictment must on its face charge the commission of a criminal offense, including matters necessary to enable the court to impose the proper sentence in case of conviction, and in determining its sufficiency in these respects the date alleged must be taken as the true date.</p>