People v. Steiger

Grand larceny is charged against the defendant in the indictment here filed October 18, 1933, in which the crime is alleged to have been committed on August 8, 1928. Obviously, five years and seventy-one days had elapsed at the time the indictment was found; and the Statute of Limitations is now invoked by the defense under the general issue by virtue of his plea of not guilty in bar of this prosecution. A prosecution for a felony, other than murder, must be commenced within five years after its commission. (Code Grim. Proc. § 142.) The prosecutor challenges the contention of the defendant by…