Swalley v. People

Citations

• 116 Ill. 247
• 4 N.E. 379
• 1886 Ill. LEXIS 1083

Syllabus

<p>1. Criminal law — limitations—excluding time of pendency of prior indictment.. The words “set aside,” in section 318 of the Criminal Code, providing that where an indictment is quashed, or the proceedings on the same set aside or reversed on writ of error, the time during the pendency of such indictment so quashed, etc., shall not be reckoned within the time limited by this act, so as to bar any new indictment, etc., are broad enough to include an indictment terminated by the entry of a nolle prosequi.</p> <p>2. So where a nolle prosequi has been entered as to an indictment, the time from the finding of such indictment to its dismissal will not be counted within the time limited for the prosecution of the offence.</p> <p>3. Same—parol evidence—to show identity of offence charged in the two indictments. Where an indictment against a party for burglary has been nol pressed, and a new one found, it is competent to show by parol evidence that the crime charged in both indictments is one and the same, and thus defeat the operation of the Statute of Limitations. 0</p>