"Any person who operates a vehicle with reckless disregard for
  the safety of others and thereby causes the death of another
  person, when the death of such person results within one year,
  shall be guilty of the offense of reckless homicide."



In the early morning of January 1, 1966, the victim, Emma Charity, while crossing College Avenue in Waterville with two other women, was struck and killed by an automobile which the state alleges was operated by the defendant. The defendant was arrested a few minutes later in Fairfield, in Somerset County, on a charge of operating while under the influence of intoxicating liquor which charge is still pending. An indictment against him charging reckless homicide was seasonably


Pending trial the defendant filed motions for discovery dated February 4, 1966; a motion for return of seized property and suppression of evidence dated February 10, 1966; a motion for bill of particulars dated February 16, 1966; a motion to strike surplusage from the indictment and to enjoin prosecution in another county dated February 28, 1966, (the 


Defendant's points on appeal will be stated and considered in order. Several of the points on appeal were not briefed and will be considered to have been waived.




Point No. 1. "The court erred in denying motion of defendant-appellant to dismiss the indictment."




On February 28, 1966, the defendant had moved to dismiss the indictment and the presiding justice after hearing denied his motion. At that time the defendant urged six grounds for dismissal of the indictment, several of which appear to have been abandoned by the defendant. Ground 3 alleged that the indictment did not state facts sufficient to constitute an offense against the State of Maine. Although it does not appear to have been argued by the defendant below, he now urges this Court to hold that the indictment was fatally defective because there was no specific allegation that the death of the victim resulted within one year. The pertinent part of the indictment reads as follows:




  "THE GRAND JURY CHARGES: That Melvin F. Warner of St. Albans in
  the County of Somerset and State of Maine, on the first day of
  January, A.D. 1966, at Waterville in the County of Kennebec and
  State of Maine, did operate a motor vehicle with reckless
  disregard for the safety of others and did thereby cause the
  death of one Emma Charity of Fairfield, in said County of
  Somerset, in that he, the said Melvin F. Warner, did, on the
  first day of January, A.D. 1966, operate a motor vehicle, to
  wit, an automobile, on College Avenue, in Waterville in the
  County of Kennebec and State of Maine, at an excessive rate of
  speed in a reckless fashion with regard to the road conditions
  then existing, to wit, after sunset and before sunrise and fog
  in the atmosphere, and did then and there fail to keep a proper
  lookout and did then and there fail to see the person of said
  Emma Charity who was then and there crossing said College
  Avenue in said Waterville in a lawful fashion, and he, the said
  Melvin F. Warner, was then and there under the influence of
  intoxicating liquor, as a result thereof did strike the said
  Emma Charity with the said motor vehicle, in a violent and
  forceful manner, as a result of which accident caused the death
  of the said Emma Charity."



Unquestionably the statute requires that the State allege, as well as prove, that the victim's death resulted within one year from the date of the striking. The defendant was charged with a statutory offense and Rule 7(c) of the Rules of  Criminal  Procedure provides that:




  "* * * The indictment

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