110 So. 690 | Miss. | 1926
The main point assigned as error by counsel for appellant is that the indictment charging that the liquor was in possession of the defendants on the 4th day of April, 1926, and the proof subsequent to that date, was incompetent, and relies mainly on the case of Maxey v. State,
The precise point here is covered by section 1428, Code of 1906 (section 1184, Hemingway's Code), which provides that the day on which it is charged in the indictment *877 that the offense was committed is immaterial, except in those cases where time is of the essence of the offense or a necessary ingredient of the description thereof.
In Oliver v. State,
We think this defendant had a fair and impartial trial by a fair and impartial jury, that there is no reversible error in the record, and that the jury reached the proper conclusion in its verdict, and we do not feel inclined to disturb it.
Affirmed.