State v. Roberts, 12883

Citation101 Idaho 199,610 P.2d 558
Decision Date23 April 1980
Docket NumberNo. 12883,12883
PartiesThe STATE of Idaho, Plaintiff-Respondent, v. Charles ROBERTS, Defendant-Appellant.
CourtUnited States State Supreme Court of Idaho

Jeffrey M. Wilson of Matthews, Lee & Wilson, Boise, for defendant-appellant.

David H. Leroy, Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., Boise, for plaintiff-respondent.

PER CURIAM.

Defendant-appellant Charles Roberts was charged under I.C. § 18-6607 with seven counts of lewd and lascivious conduct with a child under the age of sixteen; Counts I-III involved an eight year old girl, while Counts IV-VII involved a 13-14 year old girl. Only three witnesses testified at the trial: the two victims and an Ada County police officer who testified that the location of the alleged acts was in Ada County. At the close of the State's case, the court granted defendant's motion for acquittal as to Counts VI and VII. The jury found defendant guilty as to the other five counts, and the court sentenced him to five concurrent life terms. Defendant appeals, arguing that there was insufficient corroboration of the testimony of the two children and that the information should have been dismissed for lack of specificity as to the dates of the offenses.

I.C. § 19-1414 provides that "(t)he precise time at which the offense was committed need not be stated in the indictment; but it may be alleged to have been committed at any time before the finding thereof, except where the time is a material ingredient in the offense." Since time is not a material ingredient in the offense of lewd and lascivious conduct with a minor, see, e. g., State v. Wonser, 217 Kan. 406, 537 P.2d 197 (1975), the information need only be specific enough to enable the defendant to prepare his defense and to protect him from being subsequently prosecuted for the same offense. See, e. g., State v. Gumm, 99 Idaho 549, 585 P.2d 959 (1978). Any other rule would too often preclude prosecutions in this type of case where the victims are minors and where the crimes are not discovered until some time after their commission. As we noted in State v. Rogers, 48 Idaho 567, 570, 283 P. 44, 45, quoting the attorney general, "(i)t would be a very weak rule of law that would permit a man to ravish a fifteen year old girl . . . and then say in effect: 'You cannot convict me of this crime, as you did not guess the right date.' "

In the present case, Counts I-III of the information stated that the alleged offenses occurred "on or about the months between June and September, 1976." Counts IV and V stated that the alleged offenses occurred "on or about the months of May, 1976" and "of June, 1976," respectively.

Other jurisdictions have upheld informations similar to the present one. For instance, in State v. Jordan, 6 Wash.2d 719, 108 P.2d 657 (1940), the court held that an indictment which charged the defendant with carnal knowledge of a fifteen year old female "sometime during the period intervening from July 15, 1939, to September 15, 1939" was sufficiently precise. See also People v. Fremont, ...

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20 cases
  • 84 Hawai'i 1, State v. Arceo, 16950
    • United States
    • Supreme Court of Hawai'i
    • 18 Noviembre 1996
    ...place, but it must specify a particular act." (Citing Laycock v. People, 66 Colo. 441, 182 P. 880, 881 (1919).)); State v. Roberts, 101 Idaho 199, 610 P.2d 558, 559 (1980) ("Since time is not a material ingredient in the offense ..., the information need only be specific enough to enable th......
  • State v. Floody, 17366
    • United States
    • Supreme Court of South Dakota
    • 22 Enero 1992
    ...prejudice the defense." Id. 455 N.E.2d at 1071 (dicta). See also Long, 13 Ill.Dec. at 295, 370 N.E.2d at 1322, State v. Roberts, 101 Idaho 199, 610 P.2d 558, 559 (1980). 9 SDCL 19-16-6 A statement relating to a startling event or condition made while the declarant was under the stress of ex......
  • State v. Mulkey
    • United States
    • Court of Appeals of Maryland
    • 1 Septiembre 1988
    ...622 S.W.2d 275, 276 (Mo.App.1981) (charging sexual abuse of a child between January 1, 1979 and July 1, 1979); State v. Roberts, 101 Idaho 199, 610 P.2d 558, 559 (1980) (information stated that the alleged offenses occurred "on or about the months between June and September, 1976," and "on ......
  • State v. D.B.S., 84-314
    • United States
    • United States State Supreme Court of Montana
    • 28 Mayo 1985
    ...443 P.2d 580. In Idaho, an information stating "May and June 1976" was held sufficient in a charge of sexual abuse. State v. Roberts (1980), 101 Idaho 199, 610 P.2d 558. We believe that Clark states the applicable rule of In this case of incest, a four-year old child was the victim. The pro......
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