State v. Sneed
Texas Supreme Court
Appeal from Travis. Tried below before Hon. A. W. Terrell. Indictment for violation of the Act of February 8, 1856, regulating estrays, alleging the offense to have been committed on the 1st day of January, A. D. 1856. Indictment filed December 4, A. D. 1857. Defendant filed general and special exceptions to the indictment, which were sustained.
1Opinion of the CourtEgberts, J.
—In this case the bar of the statute of limitations of one year was completed before the Code went into operation, by which the period of limitation of prosecutions in such misdemeanors was extended to two years. The State having neglected to prosecute within the time prescribed for its own action, lost the right to prosecute the suit. To give an Act of the Legislature, passed after such loss, the effect of reviving the right of action in the State, would give it an operation ex post facto, which we cannot suppose the Legislature intended.-
Judgment affirmed.
2Cited by14 opinions
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- Stogner v. CaliforniaSupreme Court of the United States · 2003
- Russell & Seisfeld v. KirkbrideTexas Supreme Court · 1884
- State v. SmithOregon Supreme Court · 1910
- United States v. SalbergDistrict Court, N.D. Ohio · 1923
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