No. 136. January 22, 1947. Edward C. Boyle, Asst. U.S. Atty., of Pittsburgh, Pa., and Maurice A. Roberts, of Philadelphia, Pa., for respondent. McVICAR, District Judge. This action is before the Court on the petition of Lenzi Forino for a writ of habeas corpus, wherein he alleges that he is being unlawfully deprived of his liberty by the District Director of Immigration and Naturalization and the United States Attorney for this District. The Relator is a native and a citizen of Italy now thirty-nine
Argued October 31, 1924 — Decided January 19, 1925. In an indictment for carnal abuse the averment of the time of the commission of the act is formal and not of the essence of the offense, because it is not a legal constituent of the crime, which is a crime whenever committed, and in a prosecution for carnal abuse, proof from which it may be inferred that the offense was committed on the day named in the indictment, or on any day without the statute of limitation, is sufficient to sustain a conviction