If an indictment was not procured, or information filed within the statute of limitation, a criminal prosecution will be barred, and this is a legal defense.

The statute of limitation begins to run when an offense is actually committed.20

19 State vs. Meader, 62 Vt., 458; Whitehurst vs. State, 43 Ind., 473; Calkins vs. State, 14 Ohio St., 222.

20 Welmer vs. People, 186 Ill., 503; Baschleben vs. People, 188 Ill., 261.