State v. Gibson

The opinion of the court was delivered by

Blanchard, J.

The main defense to this prosecution is the prescription of one year. Hence, it is necessary to give certain dates.

On the 10th of June 1898, an indictment against the accused for burglary and larceny was returned. The time of the commission of the .offenses (for there were two counts) was laid in the indictment on the ■day before its finding,' to-wit: J une 9th, 1898.

A bench warrant issued the day the indictment was returned.

Under date of January 16, 1902, three years and seven months later, the sheriff made this return on the warrant:—

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