Molett v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court of Dallas. Tried before the Hon. William M. Brooks. The indictment in this ease was found at the November term of said court, 1857, and was in these words: “ The grand jury of said county charge, that before the finding of the indictment, and after the first day of March, 1856, William P. Molett, being then and there the owner of certain slaves, did suffer and permit more than six hands, the property of said William P. Molett, to reside on a…
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Appeal from tbe Circuit Court of Dallas. Tried before the Hon. William M. Brooks. The indictment in this ease was found at the November term of said court, 1857, and was in these words: “ The grand jury of said county charge, that before the finding of the indictment, and after the first day of March, 1856, William P. Molett, being then and there the owner of certain slaves, did suffer and permit more than six hands, the property of said William P. Molett, to reside on a plantation belonging to him, known as the ‘Mill place,’ in the county and State aforesaid, for three months consecutively;…
1Opinion of the Court
A. J. "WALKER, C. J.—
The indictment, found on the Vlih November, 1857, alleges the offense to have been committed before the finding of the indictment and after the^rsi day of March, 1856. The offense may have been committed after the first day of March, 1856, and not within twelve months before the finding of the indictment. The indictment fails, therefore, to show the commission of the misdemeanor within the period prescribed by the statute of limitations. Before the Code, this would have been a fatal objection; but it is not now necessary to make any averment that the indictable act was…
2Cases cited1 opinion
- Williamson v. StateSupreme Court of Alabama · 1849
3Cited by9 opinions
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