State v. Walters

I. The defendant being prosecuted for the offence of selling liquors to slaves, pleaded the prescription of six months.

This plea is unfounded; for the defendant is prosecuted for a criminal offence, and not sued for the recovery of a fine or forfeiture. The prescription of one year governs this prosecution. Acts 1855, p. 151, § 10; State v. Hollin, 12 An. 677; State v. White, 13 An. 573; State v. Markham, 15 An. 498.

II. The'District Judge charged the jury: “That the onus probandi oí the .facts necessary to sustain a plea of prescription, was in the party setting up the plea of prescription. ”…