
    Givens v. The State.
    Argued January 16,
    Decided January 13, 1899.
    Indictment for carrying a concealed weapon. Before Judge Winn. City court of Gwinnett. November 14, 1898.
    
      B. W. Peeples, for plaintiff in error.
    
      F. ,F. Juhan, solicitor, contra.
   Fish, J.

Where upon the trial, in October, 1898, under a presentment found in September, 1897, of one charged with carrying a concealed weapon, it did not appear when the offense was committed, otherwise than “ on the night of the ninth of August,” a verdict of' guilty was contrary to law and the evidence, and a refusal to grant a new trial was erroneous.

Judgment reversed.

Little and Lewis, JJ., concurred. The other three Justices were absent.  