Showalter

The defendant has been charged in thirty-three (33) counts, by way of information, with a violation of the Servicemen’s Dependents Allowance Act of 1942, Title 37 U.S.C.A. § 216 . 1 The information was filed on May 7, 1951 and the alleged violations extend over a period of time from September 25, 1942 to and including August 21, 1945.

The defendant has filed a motion to dismiss the information upon the ground; that the prosecution for the offenses alleged therein is barred by the statute of limitations. The government concedes that the prosecution on the information would be barred by the three-year statute of limitations, 18 U.S.G.A. § 3282, unless that statute has been tolled by the statute providing for wartime suspension of limitations, 18 U.S.C.A. § 3287 . The defendant admits that each count of the information alleges an offense that would come within the provisions of subdivision 1 of Section 3287 2 if the section tolls the statute of limitations. Both the government and the defendant agree that the termination of hostilities occurred on December 31, 1946 by Presidential Proclamation, No. 2714, 61 Stat. pt. 2, 1048-1049, 12 Fed.Reg. 1, 50 U.S.C.A.Appendix, § 601 note.

The…