Hoffman

On the sixteenth day of February, 1931, the information in this case was filed wherein defendant was charged with a violation of section 606 of the Penal Code, a felony, committed on the twenty-eighth day of February, 1927. Section 800 of the Penal Code requires that information must be filed within three years after the commission of the crime. The time elapsing from the commission of the crime, as set forth in the information," and the time of its filing, was three years and more than eleven months. When arraigned defendant entered a plea of guilty and the court pronounced .judgment sentencing him to the state prison. Subsequently, on the nineteenth day of December, 1932, defendant filed a notice of motion to vacate and set aside the judgment on the grounds that the court had no jurisdiction to pronounce said judgment in that the information was not filed within the three-year limit prescribed by the code, and that the proceeding was in violation of defendant’s constitutional rights and a denial of due process of law, and that the judgment and all proceedings had thereon were null and void. The motion was denied and this appeal taken to this court.

On behalf of defendant it is…