The United States vs. Robert Crittenden.

1. Indictment is quashable in which the time is alleged “on or about” such a day.

2. It is also quashable for failing to conclude “ against the peace and dignity of the United States.”

October, 1828.

— Indictment for sending a challenge to fight a duel, determined before Benjamin Johnson, Thomas P. Eskridge, James Woodson Bates, and William Trimble, judges.

Opinion oe the Court. — The defendant moved the court to quash the indictment, because the time therein stated was in the alternative “ on or about,” and because the indictment does-not conclude “against the peace and dignity of the United States;” and the parties being heard, and full consideration thereof had, it is the opinion of the court that for either of the objections the indictment should be quashed.

Indictment quashed, and defendant discharged.