Year and a Day Rule: Has Its Time Run Out, The
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Authors
Lorenzo, Phillip S.
Issue Date
1979
Volume
12
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|On September 21, 1978, a lone sniper perched atop a vacant building in a large eastern city fires at an unsuspecting passerby. The pedestrian is paralyzed by a bullet which passes within an inch of his spinal column. Despite the best efforts of modern medicine, the victim dies quietly on September 23, 1979, in a hospital, one year and two days after the original injury. The assailant is charged with murder in the first degree. Is a conviction forthcoming?|At common law, there could be neither murder nor manslaughter unless the person slain died within a year and a day after the injury was received. This limitation on homicide prosecutions had its origin in a thirteenth century English statute and currently enjoys the support of a majority of American and English jurisdictions. This comment will trace the development of the"year and a day rule" from its origin in 1278 to its present status in common and statutory law. The original justification for the rule will be examined in light of the advances of modern medicine, and the extent to which judicial modification of the rule is presently appropriate will be considered...
Description
Citation
12 Creighton L. Rev. 683 (1978-1979)
Publisher
Creighton University School of Law