CRIMINAL LAW AND PROCEDURE - STATUTE OF LIMITATIONS - TIME OF COMMISSION OF OFFENSE MATTER OF DEFENSE OR OF JURISDICTION

Authors

Abstract

Defendant pleaded guilty to rape and was sentenced to imprisonment upon an indictment which showed upon its face that the period allowed by the statute of limitations had elapsed since the offense charged had been committed, and there were no allegations setting forth an exception to the running of the statute. Later, defendant moved to set aside the judgment on the ground that the court lacked jurisdiction. Held, the judgment was void and the defendant should be released. People v. McGee, (Cal. 1934) 36 Pac. (2d) 378.

Recommended Citation

CRIMINAL LAW AND PROCEDURE - STATUTE OF LIMITATIONS - TIME OF COMMISSION OF OFFENSE MATTER OF DEFENSE OR OF JURISDICTION, 33 Mich. L. Rev. 805 (1935).
Available at: https://repository.law.umich.edu/mlr/vol33/iss5/11