State v. Harvell
Supreme Court of Missouri
Appeal from Shannon Circuit Court. — Hon. J. R. Woodside, Judge. (1) The defendant having fled from justice, the prosecution was not barred. Section 1706, Revised Statutes ; State n. Washburn, 48 Mo. 240. (2) It is not necessary to suspend the statute of limitations, that a defendant should leave and remain away from the state.
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Appeal from Shannon Circuit Court. — Hon. J. R. Woodside, Judge. (1) The defendant having fled from justice, the prosecution was not barred. Section 1706, Revised Statutes ; State n. Washburn, 48 Mo. 240. (2) It is not necessary to suspend the statute of limitations, that a defendant should leave and remain away from the state. It is a “fleeing from justice,” within the meaning of the statute, for a defendant to abscond from his usual place of abode and secrete himself in another county to avoid arrest and prosecution. Lay n. State, 42 Ark, 105 Watlcins v. State, 68 Ga. 832.
1Opinion of the CourtHenry, C. J.
At the September term, 1885, of the Shannon county circuit court, the defendant was indicted for grand larceny, alleged and proved to have been committed in August, 1881, and the only question we have to determine is, whether the prosecution was barred by the statute of limitations.
Section 1703, Revised'Statutes, 1879, provides that: “Any person may be prosecuted, tried and punished for any offence punishable with death, or by imprisonment in the -penitentiary during life, at any time after theoffence shall have been committed.” Section 1704, “ No person shall be tried, prosecuted or punished…
2Cited by4 opinions
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- State v. MillerSupreme Court of Missouri · 1905
- State of Missouri v. Aryanna F. ChaseMissouri Court of Appeals · 2016
- State v. DoverMissouri Court of Appeals · 1983