State v. Asbury
Texas Supreme Court
Appeal from Tarrant. Tried below before the Hon. 1ST. M. Burford. The indictment in this case charged the appellee with unlawfully aiding, assisting, inducing and bringing within the limits of the State a free person of color named Jerry Hardy. The indictment was found on',the 1st day of January, 1857, and charged the ■offence to have been committed on the 1st day of January, 1855. The court below quashed the indictment on motion of the defendant.
1Opinion of the Court
Wheeler, 0. J.
This was an indictment for a misdemeanor found before the Penal Code went into effect, under article 2,554 of Hartley’s Digest. The law required the offence to be prosecuted within two years after its commission. (Acts of 1854, p. 70, §75.) The indictment was found on the first day of January, 1857, and it charges the offence to have been committed on the first day of January, 1855. Was the prosecution barred by the statute at the time of finding the indictment? We are of opinion that it was. We deem it unnecessary for the decision of this case to enter upon a review of the…
2Cases cited1 opinion
- O'Connor v. TownsTexas Supreme Court · 1846
3Cited by9 opinions
- Smith v. DickeyTexas Supreme Court · 1889
- Gallardo v. State, Texas Court of Appeals, 4th District (San Antonio)1989
- State v. BeasleyWest Virginia Supreme Court · 1883
- United States v. Zisblatt Furniture Co.District Court, S.D. New York · 1948
- Kansas City, M. O. Ry. Co. v. HarralCourt of Appeals of Texas · 1917
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