Legal Opinion

Thompson v. State

Mississippi Supreme Court

Decided October 15, 1877PublishedCited by 21 opinions

ERROR to the Circuit Court of Oktibbeha County. Hon. James M. Arnold, Judge. The defendant’s second special plea was, “ that heretofore, prior to April 19, 1875, this defendant was regularly indicted for the identical offence charged in this indictment, and the indictment returned into court according to law ; that he was arrested under a capias issuing in said case, and gave bond for his appearance in said case; but that indictment was lost or destroyed by fire on or about…

Read the full summary

ERROR to the Circuit Court of Oktibbeha County. Hon. James M. Arnold, Judge. The defendant’s second special plea was, “ that heretofore, prior to April 19, 1875, this defendant was regularly indicted for the identical offence charged in this indictment, and the indictment returned into court according to law ; that he was arrested under a capias issuing in said case, and gave bond for his appearance in said case; but that indictment was lost or destroyed by fire on or about April 19, 1875, and the present indictment was not found within the period of six months after the first indictment was…

1Opinion of the CourtChalmetis, J.

The plaintiff in error was indicted and convicted of grand larceny. The offence was alleged in the indictment to have *743been committed on Jan. 10, 1870; and the indictment, upon which the conviction was had, was found in November, 1877, more than seven years afterwards. Under the general law (Code of 1871, § 2766) no period of limitation was provided for prosecutions for larceny ; but by the eighth section of the act of April 5, 1872, it was provided “ that all prosecutions for criminal offences heretofore committed, shall be commenced within two years after the commission thereof, and not…

2Cases cited2 opinions

  1. United States v. CookSupreme Court of the United States · 1872
  2. State v. AbbeySupreme Court of Vermont · 1856

3Cited by21 opinions

  1. Stogner v. CaliforniaSupreme Court of the United States · 2003
  2. State v. SnyderSupreme Court of Missouri · 1904
  3. Conerly v. StateMississippi Supreme Court · 1992
  4. Baeumel v. StateSupreme Court of Florida · 1890
  5. Moore v. StateSupreme Court of New Jersey · 1881

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API