
    Supreme Court of Errors and Appeals. Sparta.
    1823.
    STATE advs. DRURY SMITH.
    Indictment.
    It is no ground for reversal in a criminal case that the dates in the caption to the bill of indictment are in Arabic figures, and not in Roman numerals. [See Code 53.]
    An issue in a criminal case¡ certain to a common intent, though informal, is cured by verdict.
    Thus, though in strictness the language of the plea should be the language of the prisoner, “ he saith,” yet if the record ran, “ he appeared upon his arraignment and put himself upon the country,” it is good, and the want of a similiter is cured by verdict.
   Pece, J.

delivered the opinion of himself and Judge Whyte. Absent J. Haywood.

After reciting the bill of indictment, its indorsements, &c., the record proceeds in these words : —

“ The defendant being at the bar, and thereupon arraigned upon a bill of • indictment; and upon his arraignment pleaded not guilty thereto, and puts himself upon the country,” for his trial; and the solicitor likewise.” Verdict, guilty, judgment and appeal to this Court.

Two objections on the errors assigned were made.

First; that the dates in the caption to the bill of indictment were in Arabic figures, and not in Roman numerals.

Objection overruled on the authority of all the modern cases.

Second objection ; that there is no sufficient plea and issue. But it was answered by the Court, that though the language of the plea in strictness, should be the language of the prisoner, “ he saith,” yet, to favor the objection would savor too much of refinement, as the record is intelligible, “ he appeared upon his arraignment and put himself upon the country.”

It is objected that there is no sufficient similiter.

Answer; the verdict would be good without any similiter. Ch. C. L. 481. The record is certainly informal; yet, being certain to a common intent, let the

Judgment be affirmed.  