California, United States of America
The following excerpt is from Williams v. Superior Court, 146 Cal.Rptr. 311, 81 Cal.App.3d 330 (Cal. App. 1978):
We turn next to the statute of limitations issue. The statute of limitations in a criminal case is jurisdictional in nature. Unless the factual basis for the indictment includes some evidence that the prosecution is not barred, the indictment must be set aside. (People v. Swinney, 46 Cal.App.3d 332, 120 Cal.Rptr. 148.) Petitioners are charged with receiving and concealing stolen property and with conspiring to receive and conceal stolen property. The statute of limitations for each offense is three years. (Pen.Code, 800.)
Respondent's finding with respect to the statute of limitations was as follows:
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.