PEOPLE V. McGEE
1 Cal.2d 611, 36 P.2d 378 (1934)
NATURE OF THE CASE: This was an appeal from the denial of a motion to set aside a
judgment for rape.
FACTS: The statute of limitations for rape in California was three years. On November 3,
1930, an information was filed against McGee (D,) charging him with the crime of rape on or
about March 30, 1926. D appeared at the trial, plead guilty, and was sentenced to prison. On
March 18, 1933, D filed a motion to set aside the verdict because the statute of limitations
had expired at the time he was tried. The motion was denied. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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