MR. JUSTICE BUTLER delivered the opinion of the Court.
Defendant in error was indicted November 5, 1923. The first count alleges the commission of perjury on March 13, 1920, — more than three years before indictment. The District Court quashed that count on the ground that the prosecution was barred by the statute of limitations. The case is here under the Criminal Appeals Act of 1907, c. 2564, 34 Stat. 1246.
The count charges "the crime of perjury...
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