State v. Brett

It having been charged that, on or about February 4, 1918, defendant “did willfully, maliciously, and feloniously burn a certain dwelling house, in which at the time some human beings were customarily to be found,” he moved to quash the indictment, on the ground that the statute under which he was indicted had been repealed by Act No. 123 of 1918, which, quoad the offense charged, was an ex post facto law, operating a legislative pardon, and that, even if he were convicted, there is no law under which he can be sentenced. The motion was sustained, and the state has appealed.

[1, 2] Defendant…