State v. Gill

English, Ch. J.:

The material facts of this case, as they appear in the transcript, are as follows:

On the'5th of January, 1878, John Gill was indicted in the Circuit Court of Hempstead County, for forging an order, the indictment alleging the offense to have been committed on the 5th day of April, 1874.

The defendant demurred to the indictment on the ground that it appeared from its face that the offense was barred by the statute of limitation ; the court sustained the demurrer and discharged the defendant from further prosecution for the offense.

Afterwards, on the 15th of January, 1878, the…