State v. Cheatham

ROGERS, Justice.

Andrew Cheatham was tried, convicted, and sentenced for burglary, and has appealed.

The indictment charged that the crime was committed on the 5th day of February, 1932, while the indictment, itself, was not found until the 27th day of February, 1933.

After his conviction and before sentence,- the defendant filed a motion in arrest of judgment, on the ground that the crime of which he was convicted was prescribed.

Article 8 of the Code of Criminal Procedure provides that: “No person shall be prosecuted, tried or punished for any offense [certain felonies excepted], unless the…