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.