Legal Opinion

Bube v. State

Supreme Court of Alabama

Decided December 15, 1884PublishedCited by 3 opinions

From the Circuit Court of Jefferson. Tried before Hon. S. II. Sprott. The statute of limitations was pleaded to the indictment in this case.

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From the Circuit Court of Jefferson. Tried before Hon. S. II. Sprott. The statute of limitations was pleaded to the indictment in this case. On the evidence adduced, all of which is set out in the bill of exceptions, and the material parts thereof stated in the opinion of the court, the court charged the jury, on the request of the solicitor, “ that, if they believed the evidence, the offense was not barred by the statute of limitations, and they must find the defendant guilty; ” to which charge the defendant duly excepted.

1Opinion of the CourtClopton, J.

— The indictment under which the defendant was tried and convicted, was found in December, 1882. The offense is engaging in, or carrying on the business of keeping a jenny-lind table, without a license; and was committed in June, 1881, more than twelve months before the finding of the *74indictment. The offense was barred by limitation, unless the record affirms a state of facts which bring the case within the purview and influence of sections 4816 to 4820, inclusive, of the Code, 1876.

The record discloses the following facts: On June 27, 1881, a warrant was issued by a justice of the peace,…

2Cases cited2 opinions

  1. Harwell v. SteelSupreme Court of Alabama · 1850
  2. Coleman v. StateSupreme Court of Alabama · 1882

3Cited by3 opinions

  1. Presnal v. StateAlabama Court of Appeals · 1930
  2. State v. ChildSupreme Court of Kansas · 1890
  3. Pinkard v. StateCourt of Criminal Appeals of Alabama · 1982

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