Kelly

Mr. Justice Terry concurred.

The defendant was indicted by the name of Stewart Kelly. On the *212 arraignment the Court instructed him, that if he was not indicted by his true name, he might then give it, which he accordingly did, as William Stewart Kelly. This name was entered upon the minutes of the Court, in conformity with the two hundred and seventy-third section of the Criminal Code, (Comp. Laws, 246.)

It is contended that the indictment is wholly insufficient—first, because no time or express day is laid on which the offence was committed. It is not necessary, under our statute, that the precise day should bo stated, except where time is a material ingredient of the of-fence. At common law it was necessary that more certainty should be observed, for a reason which does not exist at the present day, viz.: to ascertain on what day a forfeiture, if any, occurred; but in cases of murder, in which the Statute of Limitation does not bar the prosecution, it will be sufficient, at least under the Criminal Code of this State, if it appear that the crime was committed before the finding of the indictment, and that the death happened within a year and a day from the commission of…