United States v. Ballard

OPINION OF

THE COURT.

This is an indictment for perjury, charged to have been committed 26th February, 1842, in the oath made by the defendant to his schedule in bankruptcy, filed on that day. The indictment was found the 18th October, 1844, two years and seven months and some days, after the perjury is charged to have been committed. A previous indictment, charging the same offence, was found February 1, 1844, on which a nolle prosequi was entered. The facts, as above related, are submitted by the counsel; and a question is raised, whether the limitation of the statute had not run, before the…