State v. Sneed
Texas Supreme Court
State v. Sneed, 25 Tex. 66 (Tex. 1860)
Egberts
State v. Sneed
Opinion of the Court
—In this case the bar of the statute of limitations of one year was completed before the Code went into operation, by which the period of limitation of prosecutions in such misdemeanors was extended to two years. The State having neglected to prosecute within the time prescribed for its own action, lost the right to prosecute the suit. To give an Act of the Legislature, passed after such loss, the effect of reviving the right of action in the State, would give it an operation ex post facto, which we cannot suppose the Legislature intended.-
Judgment affirmed.
Reference
- Full Case Name
- State v. J. J. Sneed
- Cited By
- 14 cases
- Status
- Published
- Syllabus
- Where an offense under the statute was barred by limitations at the time the Code went into1 effect, the extension by the latter, of the time necessary to bar the offense, will not revive the right of action in the State; and a prosecution of the same cannot be maintained. (Penal Code, Art. 186; Paschal’s Digest, Art. 2653, Note 706.) The Legislature cannot have intended to give an ex post facto operation to the • Code.*