State v. Guillot

The ruling on the plea of prescription in this case appears to me not consistent with the rule — which is well established — that a bill of information or indictment is absolutely null if it is filed a year or more after the date of the alleged crime and does not contain an allegation negativing prescription. The date stated in the bill of information in this case — as the date of the alleged crime — was within the year preceding the date of the filing of the bill of information; but, on the trial of the case, the fact was disclosed by a preponderance of the evidence that the date of the…