Richardson v. State

A criminal prosecution covers offenses only which were committed before prosecution begun and within the statutory period of limitation. Two questions of time are involved: (a) When was the offense committed? (b) When was the prosecution begun? The burden is on the state as to both.

The witnesses fix the time of the offense in their testimony. Where, as here, the evidence shows- without conflict the offense was committed, If at all, some three months before the trial on appeal in the circuit court, this is sufficient to show the offense was not barred when the prosecution was begun in the…