People v. Morgan

Opinion

REYNOSO, J.

After a jury trial on a charge of murder, defendant was found guilty of involuntary manslaughter, a lesser included offense. When defendant appeared for judgment and sentencing, his counsel made a motion for judgment notwithstanding the verdict on the basis that the statute of limitations barred a conviction for involuntary manslaughter. The information, filed on December 1, 1976, charged that the victim had died on November 3, 1969. No allegation was made that the statute had been tolled for any reason. The trial court denied defendant’s motion, but dismissed him from…