State v. McKenzie

Duffy, J.:

On August 1, 1961, defendant was indicted under 11 Del. C. § 395 as an accomplice to fourth degree burglary. He has been in custody in Delaware since May 24, 1961.

The indictment charges that the offense was committed on November 2, 1958 and that defendant “did thereafter flee from justice within the meaning of 11 Del. C. § 2903”.

Defendant moved to dismiss the indictment on the ground that prosecution is barred by the two-year statute of limitations. 11 Del. C. § 2902. For purposes of this motion, the parties stipulated to certain facts which are summarized as follows:

At all times…