13 S.C.L. 241
Supreme Court of South Carolina
Decided November 15, 1822
Supreme Court of South Carolina · decided 1822-11-15
THIS was an indictment for hog stealing, to which thé statute of limitations was pleaded in bar. The presiding judge did not think that the statute operated as a bar to thé prosecution, and the defendant was convicted. This was therefore an application for a new trial, on the ground that the statute operated as a har in this case, six months having elapsed' before any prosecution was commenced.
Decided 1822-11-15
¶1delivered the opinion of the court:
¶2By the act of 1812, all penalties and forfeitures are to be prosecuted for within six months, and not after.
¶3I am therefore of opinion that the statute should have shielded the defendant from a prosecution after that period had elapsed. A new trial is therefore granted.-