State v. Washburn

Wagner, Judge,

delivered tbe opinion of tbe court.

Tbe defendant was indicted at tbe September term, 1870, of tbe Miller County Circuit Court for tbe crime of larceny committed in 1867. To avoid tbe bar of tbe statute of limitations, tbe indictment alleged that immediately after tbe commission of tbe larceny tbe defendant “ did flee from justice and remain away for tbe period of two years in some secret place to tbe jurors unknown.”

Upon tbe trial tbe defendant was convicted and sentenced to tbe penitentiary. Tbe evidence is not preserved in this record, and we can only examine the instructions…