64 Vt. 590 | Vt. | 1892
The opinio u of the court was delivered by
This is an indictment for intoxication, founded on No. 36, Acts of 1888. The offense is punishable only when prosecution is commenced within thirty days after its commission. The indictment was filed in court on the sixth day of September, 1890. It alleges an offense committed on the fifth day of July, 1889. The indictment is demurred to.
The respondent contends that inasmuch as the provision of limitation is without exception, the indictment must show an offense committed not more than the prescribed time before the date of its filing. This contention might be sound, if it were also true that the indictment is in all cases the commencement of the prosecution. But the indictment may be a proceeding in continuation of a prosecution previously commenced. This being-so, we think an indictment should not be held insufficient because it appears that more than the permitted time elapsed between the date assigned to the commission of the offense, and the filing of the indictment.
In cases where the respondent has been brought before a justice and held for the action of the County Court, the files in the possession of that court will show whether the prosecution was seasonably commenced. We think a respondent should not be
Judgment affirmed and cause remanded.