
    Samuel B. Evans v. The State of Ohio.
    Motion for an allowance of a writ of error.
    The plaintiff was indicted for assault with intent to commit a rape, and for assault and battery. The first count set out the time and place of the commission of the alleged offense with sufficient certainty. In the second count the offense is charged in these words : “ The said Samuel B. Evans, on the day and year aforesaid, unlawfully, violeritly,. and in a menacing manner, did assault the said Amelia Gilzer then and there being, and her, the said Amelia Gilzer, then and there did heat, wound, and maltreat, and other wrongs to the said Amelia Gilzer, then and there did, contrary to the form of the statute,” etc.
    On the trial, the plaintiff was found not guilty under the first, and guilty under the second count of the indictment.
    He thereupon filed his motion in arrest of judgment, for the reason that the second count did not state the place where the alleged offense was committed. The motion was overruled by the Common Pleas, and it is to reverse this ruling that this motion is made.
    
      John T. Moore and Geo. D. Gall, for the motion:
    Each count of an indictment must be sufficient in itself, and an averment as to the time and place in one count can not aid an omission of such averments in another. 1 Bishop Crim. Pro., sec. 185-187; 10 Ind. 482, 484.
    It not appearing in the second count of this indictment that the alleged act was done within the county or state, no offense is charged against the laws of the state, and the grand jury or court had no jurisdiction or legal authority to inquire into the alleged act. Criminal Code, sec. 195. '
    ---, contra.
   By the Court.

Where there are several counts in an indictment, in the first of which the time and place are specifically stated, it is sufficient, under section 90 of the criminal code, to allege in the subsequent counts that the offense therein described was then and there committed.  