State v. Daily

The alleged offence was retailing without license in May, 1852. Plea, also setting out the date of the offence, alleging that, it was not cognizable in that Court, having been committed prior to its organization, and prior to the revision of 1852. Demurrer to the plea overruled, and the defendant discharged.

Neither the terms of the Common Pleas act, nor of any part of the revision of 1852 that we are aware of, give that Court any retrospective jurisdiction. On the contrary, section 3 of chapter 92, 1 R. S. 1852, expressly provides otherwise. In relation to all offences committed under the old…