Roberts v. State

Decided June 15, 1851

Supreme Court of Alabama · decided 1851-06-15

'Tried before the Hon. Sam’l Chapman. The defendant below was indicted for resisting process. admitted that the demurrer to the indictment ought to have been sustained.

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Decided 1851-06-15

How this case has been cited

Cited by 4 later decisions — most recently March 1968

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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COLEMAN, J.

¶1The indictment in this case is defective in not stating any time at which the 'offence was committed by the ■defendant.

¶2In The State v. Beckwith, 1 .'Stew. 318, it was held to bo material in an indictment to lay a day when the offence was committed, and if the date be laid in blank, so that it does not appear whether the offence was barred by limitation or not, the judgment will be arrested. The principle here settled seems to have been questioned, in the case of the State v. Lassley, 7 Por. •526, but we think the decision correct. It is held by all the elementary writers on Criminal Pleading, that time and place must be added to every material fact in an indictment. — Arch. Crim. PI. 46, and the cases there cited.

¶3The court erred in overruling the demurrer to the indictment, and the judgment must be reversed.