Boughn v. State
Nebraska Supreme Court
Error to the district court for Cedar county. Tried below before Norris, J. A defendant in a criminal case may avail himself of the statute of limitations under a plea of the general issue. (Bishop, Statutory Crimes, 264; 1 Starkie, Criminal Pleading & Practice [2d ed.], 339; Wharton, Criminal Pleading & Practice, 317; Maxwell, Criminal Procedure, 4; White v. State, 4 Tex. App'., 490.) cited: State v. Yates, 36 Neb., 287.
1Opinion of the Court
Iryine, C.
An information was filed May 1, 1893, in the district court of Cedar county charging the plaintiff in error with assault and battery committed May 16, 1891. One defense was that the prosecution was barred by the statute of limitations. The plaintiff in error sought to present this defense, by objecting to the introduction of any evidence on the ground that the information on its face showed that the prosecution was barred ; second, by a request for an instruction to find “not guilty ” on that account; third, by *890presenting in the motion for a new trial the question of the sufficiency…
2Cases cited3 opinions
- United States v. CookSupreme Court of the United States · 1872
- Hatwood v. StateIndiana Supreme Court · 1862
- State v. YatesNebraska Supreme Court · 1893
3Cited by12 opinions
- Davenport v. StateCourt of Criminal Appeals of Oklahoma · 1921
- State v. DisbrowSupreme Court of Iowa · 1906
- Rouse v. StateSupreme Court of Florida · 1902
- Ex Parte HoardCourt of Criminal Appeals of Texas · 1911
- Gardner v. StateIndiana Supreme Court · 1903
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