Switch to desktop Register

Date Of Commission Of The Offense

Sec. 11. Date of commission of the offense. - It is not necessary to state in the complaint or information the precise date the offense was committed except when it is a material ingredient of the
offense. The offense may be alleged to have been committed on a date as near as possible to the actual date of its commission.

ACCUSED WAS CHARGED AND CONVICTED OF RAPE COMMITTED ON OR ABOUT THE MONTH OF AUGUST 1996. VALID?

> Yes. If the appellant was of the belief that the complaint was defective, he should have filed a motion for a bill of particulars with the trial court before his arraignment.

FOR WHICH OFFENSES IS THE TIME OF THE COMMISSION OF THE OFFENSE ESSENTIAL?

> The time of the commission of the offense is essential in the following crimes:
o      Infanticide
o      Violation of Sunday Statutes or Election laws
o      Abortion
o      Bigamy