1 Stew. 318 | Ala. | 1828
delivered the opinion of the Court.
The omission to state with certainty the time of the commission of the offence, is one of the causes assigned for error.
In the language of a man confessedly great, “ it is laid down as an undoubted principle in all the books that treat of this matter, that no indictment whatever can be good, without precisely shewing a certain year and day of the material facts alleged in it.”
With respect to the second assignment, which is “ that the indictment does not charge the assault to have been committed with intent to murder,” little is necessary to be said, as the former is decisive of the case. It is not perceived however, that this indictment varies materially from correct precedents. Let the judgement below be reversed.
3 Bac. Ab« S6V
1 Chit. Ci*. 18-1-5. L. :