In drawing an indictment the pleader must not only state the time and place of the offense at the beginning of the body of the count, but must repeat the same immediately in connection with every succeeding issuable and triable fact; if this is not done the indictment will be fatally defective. Thus, an indictment which alleges that the accused, naming him, on the first day of January, in the year of our Lord one thousand eight hundred and seventy-eight, at and in the County of Saline aforesaid, intoxicating liquor to one Richard Chaney, who was in the habit of getting intoxicated, unlawfully did then and there sell, contrary to the form of the statute in such case made and provided and against the peace and dignity of the said people of the State of Illinois, is fatally defective, in that it fails to repeat the time and place in connection with the averment of "who was in the habit of getting intoxicated." The indictment does not state when nor where the person was in the habit of getting intoxicated. The averment who was in the habit of getting intoxicated is too general and uncertain.46 The repeating of the time and place thus required by this rule is usually done by the use of the words "then and there," instead of actually repeating the day and county as in the first part of the count.

40 Whitesides vs. People, Breese (Ill.), 21; State vs. Fenlason, 79 Me., 117; Kettles vs. People, 221 Ill., 221-228.

41 Morgan vs. State, 13 Fla., 671; Hughes' Cr. Law, Sec. 2725.

42 Murphy vs. State, 106 Ind., 96.

43 Garrison vs. People, 87 Ill., 97;

Lamkin vs. People, 94 Ill., 503. 44 Dryer vs. People, 176 Ill., 590. 45 U. S. vs. Cook, 17 Wall. (U. S.), 168; Howard vs. State, 18

Ind., 492; Hughes' Cr. Law, Sec. 2732.