State v. King

Given, President,

dissenting:

Defendant was indicted for a felony. He was convicted of assault and battery and sentenced to a term in jail. The *373felony charged in the indictment included the lesser offense of which defendant was convicted. The indictment was found after the expiration of one year from the date of the commission of the offense. The only question before the Court was whether the included offense, the misdemeanor of which defendant was convicted, was barred by the limitation found in Code, 61-11-9. The applicable provision of that section reads: “* * * A prosecution for a…