AD TUNC ET IBIDEM. The technical name of that part of an indictment contain ing the statement of the subject-matter "then and there being found." Bacon, Abr. Indict ment, G. 4; 1 No. C. 93.
In an indictment, the allegation of time and place must be repeated in the averment of every distinct material fact ; but after the day, year, and place have once been stated with certainty, it Is after wards, in subsequent allegations, sufficient to refer to them by the words et ad tune et tibident, and the effect of these words Is equivalent to an actual rep etition of the time and place. The ad tune et ibi dem must be added to every material fact in an In dictment; Saund. 95. Thus, an indictment which alleged that J. S. at a certain time and place made an assault upon J. N., et sum cum gladio felonice percussit, was held bad, because it was not said, ad tune et ibidem vercusstit; Dy. 68, 69. And where,
in an indictment for murder, It was stated that J. S. at a certain time and place, having a sword in his right hand, percussit J. N., without saying ad tune et ibtidem percussit, it was held insufficient; for the time and place laid related to the having the sword, and consequently it was not said when or where the stroke was given; Cro. Ells. 738; g Hale, Pl. Cr. 178. And where the indictment charged that A. B. at N., in the county aforesaid, made an as sault upon C. D. of F. in the county aforesaid, and him ad tune et ibidem quodam Nadia percusstt, this indictment was held to be bad, becauae two places being named before, if it referred to both, it waa impossible ; if only to one, it must be to the last, and then it was insensible ; 2 Hale, Pl. Cr. § 180.