Martin v. State
Supreme Court of Alabama
From the Circuit Court of Lee. Tried before the Hon. H. D. Clayton. The indictment in this case was returned into court on the 12th November, 1884, and charged that the defendant carried a pistol -concealed about his person. The defendant pleaded not guilty, and the statute of limitations; and issue was joined on these pleas.
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From the Circuit Court of Lee. Tried before the Hon. H. D. Clayton. The indictment in this case was returned into court on the 12th November, 1884, and charged that the defendant carried a pistol -concealed about his person. The defendant pleaded not guilty, and the statute of limitations; and issue was joined on these pleas. “On the trial,” as the bill of exceptions states, “it was proved that the offense charged was committed on June 1st, 1883; that affidavit was made, and a warrant of arrest issued against the defendant, on said charge, on the 16th July 1883; that the defendant was…
1Opinion of the Court
SOMERY1LLE, J.
The question raised by the rulings of the Circuit Court is, whether the prosecution was barred by the statute of limitations. The offense charged was'a misdemeanor, — the carrying of a pistol concealed about the person of the defendant. It is shown to have been committed on the first day of June, 1883. The indictment was found on November the twelfth, 1884. It is obvious, therefore, that the bar was complete by reason of the lapse of more than twelve months since the commission of the offense, unless the proceedings before the justice operate to take the prosecution out of the…
2Cases cited2 opinions
- Foster v. StateSupreme Court of Alabama · 1863
- Molett v. StateSupreme Court of Alabama · 1859
3Cited by2 opinions
- Giles v. StateSupreme Court of Alabama · 1889
- Finklea v. FarishSupreme Court of Alabama · 1909