Picetti

The defendant was informed against on the twelfth day of September, 1898, by the district attorney of the city and county of San Francisco, for the crime of grand larceny, alleged to have been committed on the fifteenth day of March, 1897. He was tried and convicted of petit larceny. This appeal is taken from the judgment and order denying his motion for a new trial.

As the sole ground for the appeal, it is claimed that the defendant haying been convicted of petit larceny, the judgment is void, inasmuch as the statute of limitations bars the prosecution of the defendant, under such circumstances. This contention is based upon section 801 of the Penal Code, which provides: “An indictment for any misdemeanor must be found, or an in *362 formation filed, within one year after its commission.” 'Giving a liberal construction to this provision of the code, we have arrived at the conclusion that the defendant should not have been convicted of the crime of petit larceny. To our surprise, we have been unable to find any provision of the law prescribing a limitation for the prosecution of ordinary or simple misdemeanors. But the provision quoted above does declare in effect that all…