Sobiek

This is a petition for writ of prohibition. Petitioner has raised additional contentions but, inasmuch as his contention that count Five of the indictment (the only count concerned with in his petition) was barred by the statute of hmitations is valid, it is unnecessary to consider the other contentions. The Attorney General questions petitioner’s right to raise the statute of limitations.

Record

By an indictment filed in the San Mateo County Superior Court, petitioner was indicted for four counts of violation of Penal Code section 487 (grand theft) and one count of violation of Penal Code section 470 (forgery). He moved to quash the indictment. After a hearing, the court granted his motion as to four counts of grand theft and denied it as to the forgery charge.

Petitioner filed this petition for writ of prohibition to restrain the San Mateo County Superior Court from proceeding further on count Five, on the ground that said count is barred by the statute of limitations.

The charges arise out of a situation in San Mateo County where a group of 15 friends organized the Empire Investment Club, whose purpose was to invest money in second mortgages. Petitioner, an…