People v. Montera

The appellees were indicted for violations of C.R.S. 1963, 40-7-9 (Officer purloining records)1 and C.R.S. 1963, 40-7-35 (Conspiracy to purloin records).2 The indictments alleged that the violations occurred between September 30, 1970, and February 1, 1971. The appellees moved to dismiss the indictments, asserting that the prosecution was barred by the three-year statute of limitations in effect on September 10, 1976, when the indictment was returned. Section 16-5-401, C.R.S. 1973. The People contended that the statute of limitations applicable was the six-year statute in effect when the…