People v. McGee
Supreme Court of California (en banc)
36 P.2d 378 (1934)
Relevant factsFree
McGee pled guilty to charges including an older second-degree burglary count that, on the face of the information, was filed outside the applicable three-year statute of limitations, without the prosecution raising any statutory exception, and he never raised the limitations defense before pleading guilty, later moving unsuccessfully to set aside the resulting judgment.
IssueFree
Whether, in California, an information that lists an offense which, on its face, is barred by the statute of limitations fails to state a public offense and is thus not actionable at any time.