People v. Rutman

This defendant was indicted in July, 1938, for forgery, petit larceny and conspiracy. He brings this motion to expunge the fifteenth and sixteenth counts of the indictment on the *355ground that these counts indicate on the face thereof that the acts complained of occurred more than two years prior to the finding of the indictment and, therefore, prosecution is barred by the Statute of Limitations.

Section 142 of.the Code of Criminal Procedure provides: “ And a prosecution for a misdemeanor must be commenced within two years after its commission.”

The fifteenth count of the indictment charges the…