Horton v. Mayo

BROWN, J.:

This case involves an attempt to review and set aside, in this habeas corpus proceeding, a judgment of conviction for grand larceny upon the ground that the information was fatally defective in that it alleged that the larceny was committed on a date more than two years- before the information was filed. ' . •. •

The statute provides that: “All offenses not punishable with death shall be prosecuted within two years after the same shall have been committed.” Section 7113 C.G.L., 932.05 Florida Statutes 1941.

The information was filed July 18, 1942, in the Criminal Court of Record of…