People v. Picetti

Citations

• 124 Cal. 361
• 57 P. 156
• 1899 Cal. LEXIS 1000

Syllabus

<p>Criminal Law — Charge of Grand Larceny — Conviction of Petit Larceny—Statute of Limitations.—The one year statute of limitations applies to a conviction of a misdemeanor permissible under an information or indictment charging a felony; and a defendant charged with grand larceny committed more than one year prior to the filing of the information cannot properly be convicted of petit larceny.</p> <p>Id.—Liberal Construction of Code.—Section 801 of the Penal Code, which provides that “an indictment for any misdemeanor must be found, or an information filed, within one year after its commission,” is to be liberally construed as declaring in effect that all misdemeanors prosecuted under an indictment or information, under which a defendant may be convicted of a misdemeanor, whether appearing on its face or not, are barred by the statute of limitations in one year.</p>