Rufus Wheeler Peckham

“ The opinion written by the learned judge in denying the motion for a new trial and in arrest of judgment says all that is necessary to be said in this case, and we concur entirely in the conclusion reached by him. ”

“ This is no record, and it is not within the principle upon which the cases relied upon by counsel for plaintiff in error were decided. Such a variance as appears in this case is not material. Rex v. Coppard, 3 Car. & P. 59; Keator v. People, 32 Mich. 484; People v. Hoag, 2 Parker, Cr. R. 1. It will be seen that the time was stated under a videlicet in this indictment, although that fact is probably not very material. ”