State v. Curtis

The opinion of the court was delivered by

Egan, J.

This is an information for breaking and entering a storehouse in the night time, with intent to steal.

The only question which we deem it necessary to consider is the plea ■of prescription, which is alleged to have been improperly overruled. This information was filed on the twentieth of April, 1878, while the offense is charged to have been committed on the twenty-seventh of September, 1876. It was, therefore, clearly prescribed, unless some legal cause to the contrary is shown. The cause shown and alleged in the information is the institution…