State v. Moran

Weaver, J.—

1. Indictment: limitation: evidence in removal of bar. Defendant was charged with the laceny of certain horses alleged to have been conmmitted on May 16, 1901. As the indictment was not found within three years after the date named it became essential to the State’s case to show that the operation of the statute of limitations had been suspended by the defendant’s absence from the State during that period. To that end a witness was produced, who testified that he was, and for some time had *647been, warden of the State penitentiary at Stillwater, Minn.; that he had known defendant…