Lamkin v. People

Citations

• 94 Ill. 501

Syllabus

<p>1. Indictment—bad when it shows the offence to be barred. An indictment for a misdemeanor showing on its face that the offence was committed more than eighteen months before the finding of the same, without bringing the case within any of the exceptions under which an indictment may be returned after the expiration of that time, is bad, and should be quashed on motion of the defendant.</p> <p>2. Criminal law—what is a felony and what a misdemeanor. A felony, under our statute, is an offence punishable with death, or by imprisonment in the penitentiary, while every other offence is a misdemeanor. When the offence may be punished by imprisonment in the penitentiary, or by fine only, in the discretion of the court or jury, it is only a misdemeanor, and the eighteen months’ limitation applies to it.</p> <p>3. Same—limitation construed liberally. The statute of limitations as to the prosecution for crime is not one of process, to be scantily and grudgingly applied, but it is an amnesty, declaring that after a certain time oblivion shall be cast over the offence. Hence, such statutes are to be liberally construed in favor of defendants.</p>