Calvert v. State

RICE, Judge.

These things seem clear:

1. In a criminal case, a defendant is not required to file a special plea of the statute of limitations. Gambling v. State, 22 Ala. App. 442, 116 So. 507; Parker v. State, 2 Ala. App. 127, 56 So. 872.

2. If the evidence fails to disclose that the offense was committed within the statute, the state fails to make out its case. Authorities supra.

3. And, of course, the burden rests upon the state to prove that the offense was com mitted within the statute, i. e. that the prose cution was not barred by the same. Nelson v State, 151 Ala. 2, 43 So. 966; authorities…