Foster v. State
Supreme Court of Alabama
Error from the Circuit Court of Russell. Tried before the Hon. Robert Dougherty. The indictment in this case, which was found at the. February term, 1861, charged, “that Nancy Foster did sell, give, or deliver, to a slave named Moses, belonging to James Chapman, vinous or spirituous liquor, without an order in writing,” &c. The defendant pleaded not guilty* and the statute of limitations of twelve months; and issue was joined on these pleas.
Read the full summary
Error from the Circuit Court of Russell. Tried before the Hon. Robert Dougherty. The indictment in this case, which was found at the. February term, 1861, charged, “that Nancy Foster did sell, give, or deliver, to a slave named Moses, belonging to James Chapman, vinous or spirituous liquor, without an order in writing,” &c. The defendant pleaded not guilty* and the statute of limitations of twelve months; and issue was joined on these pleas. On the trial, as the bill of exceptions shows, the- State proved, that the offense charged was committed in December, 1859; and that at the March' term,…
1Opinion of the CourtStone, J.
The only defense relied on in this case, is the twelve months statute of limitations in the prosecution of misdemeanors. — Code, § 3374. The bill of exceptions recites, that the offense was committed in December, 1859; that at the March term, 1860, the grand jury of the proper county found a true bill, charging that Nancy Foster “ did sell, give, or deliver, to a certain male slave, whose name and whose owner are unknown to the jurors, *428vinous or spiritous liquor, without an order in writing,” &c.; that at the August term, 1860, a demurrer to this indictment was sustained by the court, and the…
2Cases cited13 opinions
- United States v. CoolidgeU.S. Circuit Court for the District of Massachusetts · 1815
- Francois v. StateSupreme Court of Alabama · 1852
- State v. EldredSupreme Court of Alabama · 1858
- State v. KrepsSupreme Court of Alabama · 1846
- Reynolds v. BellSupreme Court of Alabama · 1841
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. BilboaIdaho Supreme Court · 1923
- Ross v. StateSupreme Court of Alabama · 1876
- Flick v. StateIndiana Court of Appeals · 1898
- Coleman v. StateSupreme Court of Alabama · 1882
- Ex parte BollingSupreme Court of Alabama · 1865
4 more not listed; retrieve them via the Exa API.