William R. Day

“ At the common law, and in the absence of special statutes of limitations, the mere failure to find an indictment will not operate to discharge the accused from the offense, nor will a nolle prosequi entered by the government, or the failure of the grand jury to indict. It is doubtless true that in some cases the power of the government has been abused, and charges have been kept hanging over the heads of citizens, and they have been committed for unreasonable periods, resulting in hardship. ”

“ For failure to indict within the time limited it is not provided, as in the cases where the statute has been construed to finally discharge the accused, that he shall be discharged from the offense, or he shall be deemed acquitted of the charge, he shall be deemed acquitted of the charge, but the result of the failure to prosecute has reference solely to the right in the pending prosecution to be freed, if imprisoned, or released from bail, if under bond. ”

“ Again, if the contention of counsel for the accused is adopted, one will be discharged from further prosecution if the grand jury does not act upon the case, but if the grand jury does act, and the charge against the accused is found to be unwarranted, he is still subject to indictment until the three years of the statute of limitations have run, while the person whose case has not been wholly investigated will be forever released from the offense. ”