The Alabama Supreme Court has overruled a 2003 decision and tossed out a common law rule stemming from 13th century England that barred homicide prosecutions if the victim died more than a year and a day after a defendant’s wrongful act.
Published:The Alabama Supreme Court has overruled a 2003 decision and tossed out a common law rule that barred homicide prosecutions if the victim died more than a year and a day after a defendant’s wrongful act.
Mock was placed on life support after the shooting and died 15 months later, within 12 hours after being removed from life support. State prosecutors applied for review by the Alabama Supreme Court. In the decision released Friday, the justices reversed the 2003 ruling and found that the criminal code passed by the Legislature effectively abolished the “year-and-a-day rule” because it defined murder and other homicide crimes without any time element of the victim’s death. Associate Justice Jay Mitchell wrote the opinion and the other eight justices concurred.
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