State v. J. P.

Decided June 15, 1802

Supreme Court of Vermont · decided 1802-06-15

THIS was an indictment for perjury contra Jormam statuti, presented to the Court January 3d, 1801. William C. Harrington moved that the Indictment might be quashed because the crime is alleged to have been committed the 24th day of April, 1797, more than three years from the time the indictment was exhibited in Court. He relied upon the act for the limitation of suits on penal statutes, criminal prosecutions, and actions at law, .passed November 6th, 1797.

Decided 1802-06-15

Sed per Curiam.

¶1It is immaterial under which of the acts against perjury the indictment may be supposed to have been found. The act of limitation, passed November 6th, 1797, takes effect in all cases-from the exhibition of the indictment in Court. The *285clerk is directed by the 5th section of the same act to make a minute in writing on the indictment, under jiis official signature, of the true day, month and year when the same was exhibited; and if the crime of perjury is alleged in the indictment to have been committed more than three years before the date of such exhibition of the indictment, the prosecution is limited.

Levi House, Attorney for the State.' W. C. Harrington, for defendant.

¶2Indictment quashed.