AUGUSTUS F. ANDERSON, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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Augustus F. Anderson was indicted for feloniously altering the mark of a cow in March 1880, but the indictment was not filed until April 1882—nearly two years after the alleged offense. The Florida Supreme Court held that the prosecution violated the state's two-year statute of limitations for non-capital crimes and discharged the defendant.
The court held that the indictment was not properly found and filed within two years after the alleged commission of the offense, thereby violating the statute of limitations. The judgment was arrested and Anderson was discharged.
“offences not punishable with death shall be prosecuted within two years next after the same shall have been committed.”
Statement of the controlling Florida statute establishing the two-year statute of limitations for non-capital crimes.
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Join FLexlaw to unlock all legal intelligenceAnderson was indicted in April 1882 at the Spring Term of the Wakulla County Circuit Court for altering the mark of a cow belonging to James Gibbins o…
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Mr. Justice YanYalkenburgh
delivered the opinion of the court.
At the Spring Term of the Circuit Court held in aud for Wakulla county, in the Second Judicial Circuit, in the year 1882, the plaintiff in error, Augustus F. Anderson, was indicted for that “ he heretofore, to wit: on or about the first day of March, A. D. 1880, with force and arms, at and in the county of Wakulla aforesaid, feloniously, wilfully, fraudulently did alter and change the mark of an animal, to wit: a cow, of the value of ten dollars, of the goods and chattels of one James Gibbins, with intent of the said Augustus F. Anderson to claim said animal as his own, and to deprive its. said owner thereof, against the form of the statute,” &e. This indictment is signed simply “ Wm. P. Byrd,” and is endorsed, among other endorsements: “ Filed in open court this-day of April, A. D. 1882.
“ Wm. P. Byrd,
“ Acting State’s Attorney.”
The spring term of the Circuit Court at which this indictment was found was held in the month of April, 1882. The defendant was tried at that term aud found guilty. Counsel for defendant moved in arrest of judgment upon the ground that the grand and petit jurors at the term of the court at which the indictment was found, were unlawfully drawn in this, that there was no sheriff in and for the county of Wakulla at the time of drawing said jurors. The court denied the motion and sentenced the defendant to six months at hard labor in the State penitentiary.
The defendant procured a writ of error and now makes the point that “ the indictment shows that the offence of which the defendant stands charged was not prosecuted within two years next after it is alleged in the indictment to have been committed.” The statutes of this State provide that “offences not punishable with death shall be prosecuted within two years next after the same shall have been committed.” McC. Dig., 435, §2. The indictment charges that this alleged offence was committed “ on or about the first day of March, A. D. 1880.” It was found at the spring term of the Circuit Court held in and for Wakulla county, and was filed in the court on-day of April, 1882. This shows conclusively that the indictment was not properly found and filed within two years next after it is, in the indictment, alleged that the offence was committed. Savage vs. The State, 18 Fla., 970; Nelson vs. The State, 17 Fla., 195; United States vs. Ballard, 3 McLean, 469.
The judgment is arrested and the defendant discharged.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Horton v. Mayo, 153 Fla. 611 (Fla. 1943)…able with death, that not only should the information show or allege, but the State must prove, the institution of prosecution for the offense charged within two years after the offense was committed. Nelson v. State, 17 Fla. 195; Anderson v. State, 20 Fla. 381; Rouse v. State, supra. There may be some variance between the date alleged in the information as being the date the offense charged was committed and that proven on the trial, which variance is immaterial if the proof shows that the crime was commi…
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Rouse v. State, 44 Fla. 148 (Fla. 1902)…appears from an indictment that the offense charged was committed more than two years before the indictment was found, it will be quashed on motion made for that purpose. Savage v. State, 18 Fla. 970; Nelson v. State, 17 Fla. 195; Anderson v. State, 20 Fla. 381. The cases in which this has been held do not show that there had been any preliminary proceedings for the offense before a committing magistrate within the period of two years from the date of the crime. In addition to the jurisdiction to try and d…
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The State of Fla. ex rel. Ira G. Melson v. Peeler, 107 Fla. 615 (Fla. 1933)…on if a sufficient indictment or information is duly filed before the expiration of two years from the date of the commission of the offense. See Weinert v. State, 35 Fla. 229, 17 So. 570; Warrace v. State, 27 Fla. 362, 8 So. 748; Anderson v. State, 20 Fla. 381; Savage v. State, 18 Fla. 970; Nelson v. State, 17 Fla. 195; Rouse v. State, 44 Fla. 148, 32 So. 784. In Indiana and Kansas where the statutes require the prosecution to be begun within a stated period, the statute is not a bar if an indictment or…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nelson v. State, 17 Fla. 195 (Fla. 1879)
- Savage v. State, 18 Fla. 970 (Fla. 1882)