Key v. State

I concur with most of the discussion in the main opinion, and I concur to affirm the judgment.

However, I write specially to express my agreement with the State's arguments (1) that, by enacting the Alabama Criminal Code, the Legislature intended to supersede the common-law year-and-a-day rule and (2) that even if it did not, this Court has the authority to abolish the application of the common-law rule without running afoul of the separation-of-powers doctrine in Alabama. See Art. III, §§ 42 and 43, Ala. Const. 1901.

Section 1-3-1, Ala. Code 1975, provides:

"The common law of England, so far as…