State v. Unsworth

The opinion of the court was delivered by

Swayze, J.

The opinion of the Supreme Court is based upon the view that the date of finding the indictment appears on its face from the file mark of the clerk thereon; that the objection that the statute of limitations had barred the prosecution was, therefore, one of those objections that under our statute must be taken by demurrer or motion to quash before the jury is sworn and not afterwards. We cannot agree to the fundamental assumption on which the opinion rests. We think the objections referred to in the statute, as apparent on the face of the…