Commonwealth v. Silverstein

Dissenting Opinion by

Me. Justice Jones:

I strongly disagree with the majority’s treatment of the statute of limitations issue. Since I also believe the remaining contentions, not discussed by the majority, are without merit, I would affirm the order of the court below.

Although no authority has been cited by the majority, I recognize the general principle that an indictment is fatally defective and should be quashed when it charges the commission of an offense beyond the applicable period of limitations, and fails to allege any factual justification for the tolling of the statute of…