Dimmick v. People of State

• Court: Illinois Supreme Court
• Writing for the Court: DICKEY
• Citation: Dimmick v. People of State , 87 Ill. 96, 1877 WL 9812 (Ill. 1877)
• Decision Date: 30 September 1877
• Parties: JOHN GARRISON alias John Dimmickv.THE PEOPLE OF THE STATE OF ILLINOIS.

87 Ill. 96

1877 WL 9812 (Ill.)

JOHN GARRISON alias John Dimmick

v.THE PEOPLE OF THE STATE OF ILLINOIS.

Supreme Court of Illinois.

September Term, 1877.

WRIT OF ERROR to the Circuit Court of DuPage county; the Hon. H. H. CODY, Judge, presiding.

Mr. H. F. VALLETTE, for the plaintiff in error.

Mr. JUSTICE DICKEY delivered the opinion of the Court:

Plaintiff in error was convicted of larceny upon the second count of an indictment; the other counts were quashed by the court before trial. A motion to quash the second count was made before plea, and overruled, and this is assigned as error. That count charges the larceny to have been committed on January 21, 1866. The indictment was found at September term, 1876. The statute of limitations in force in 1866, provided that no person should be prosecuted or tried for larceny, “unless the indictment for the same shall be found by a grand jury within three years next after the offense shall have been done or committed, provided that nothing herein contained shall extend to any person fleeing from justice.” This indictment, upon its face, shows it was not found until more than three years after the alleged commission of the offense, and this count does not contain a charge that the accused had, at any time, been a “person fleeing from justice.” Under that statute the count is clearly bad, and ought to have been quashed, unless that statute be rendered inoperative by subsequent legislation. In the ...