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1 Ohio Law. Abs. 485

Tesca v. State

Ohio Supreme Court

Decided July 1, 1923

Ohio Supreme Court · decided 1923-07-01

<p>CRIMINAL LAW — (1) Materiality of date and time in charge — (2) Sufficiency of proof — Departure.</p>

Decided 1923-07-01

WANAMAKER, J.

¶11. In a criminal charge the exact date and time are immaterial unless in the nature of the offense exactness of time is essential. It is sufficient to prove the alleged offense at or about the time charged. (See Section 11238, General Code.)

¶22. It is the right of the state to prove the alleged criminal acts on or about the time and date formally charged; the defendant, in the presentation of his defense, has at least an equal right to depart from the exact time and dáte charged by the affidavit, information or indictment, or the testimony offered in support thereof.

¶3Judgment reversed.

Marshall, C. J., Robinson, Jones, Matthias, Day and Allen, concur.
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