State v. Hudson

The trial court sustained defense counsel’s motion to quash a Bill oí Information on the ground that further prosecution was prescribed. The State appeals.

The defendant is charged with simple burglary, La.R.S. 14:62, a non-capital burglary. In such cases, La.C.Cr.P. Art. 578 (2) provides that, unless the time limitation is interrupted or suspended, no trial shall be commenced "after two years from the date of institution of the prosecution.”

The State relies upon the provision of La.C.Cr.P. Art. 579 that:

"The period of limitation established by Article 578 shall be interrupted if: "k ‡

“(2) The…