State v. Popp

The defendant in error was indicted under the Act of 1866, ch. 66, for selling lager-beer on Sunday, and pleaded in bar that the prosecution against him was not commenced within one month after the fact charged in the indictment. The State demurred to this plea, but the Criminal Court overruled the demurrer and discharged the accused, and this judgment the State has brought up for review.

The plea is founded on the 11th section of Article 57 of the Code, relating to “Limitation of Actions,” which provides, that “ all actions or prosecutions for blasphemy and Sabbath-breaMng or drunkenness…