State v. Sexton.
State v. . Sexton
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Per Curiam.
It is a familiar rule that the indict-inent should state that the Defendant committed the of-fence on a specific day and year, but it is Unnecessary to prove, in any case, the precise day or year, except where the time enters into the nature of the offence. But if the indictment lay the offence to have been committed, on an impossible day, or on a future day, the objection is as fatal as if no time at all had been inserted. Nor are indictments within the operation of the Statutes of Jeofails, and cannot, therefore; be amended $ being the finding of a Jury upon oath, the Court cannot amcnd# without the concurrence of the Grand Jury by whom the bill is found. These rules are too plain to require authority, and shew that the judgment of the Court was right, and must be affirmed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 6 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.