State v. Mermis

The two questions in this case are first, *741whether John Mermis was a buyer or a thief, and second, if he was a thief, whether his crime was committed more than three years before the State filed the charge against him. The jury concluded Mermis was a thief, and ample evidence supports its verdict. The jury was not asked, however, whether the crime was committed within the statute of limitations period. On a posttrial motion, the trial judge vacated the jury’s verdict, ruling that under the Uniform Commercial Code and the theft statutes, prosecution was barred by the statute of limitations.

We…