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Keywords

defendantstatutewillstatute of limitations

defendantjurisdictionstatuteverdictpleawillsustained

Related Cases

Brouse v. U.S., 68 F.2d 294

Facts

William A. Brouse was indicted for using the mails in a scheme to defraud, with four counts based on letters mailed between January and October 1929. The indictment was returned on February 15, 1933, and Brouse claimed that the prosecution was barred by the statute of limitations, as he was not physically present in Massachusetts when the letters were mailed. The government contended that Brouse was fleeing from justice, which tolled the statute of limitations.

The defendant filed a special plea in bar alleging that the indictment, which was returned on February 15, 1933, was not found within three years after the alleged crimes or offenses therein charged; in other words, that the prosecution was outlawed.

Issue

Was the indictment against Brouse barred by the statute of limitations, or was it tolled due to his status as a person fleeing from justice?

The principal points urged for the defendant are (1) that the plea in bar should have been sustained; (2) that the court was without jurisdiction to try the defendant upon the general issue; and (3) that a verdict of not guilty should have been directed as to the first count.

Rule

The statute of limitations can be tolled if the defendant is a person fleeing from justice, which does not require actual physical presence in the district where the crime was committed.

While the government is not bound to prove the exact date charged in the indictment, that date will be accepted on questions of limitation, unless evidence is introduced to vary it.

Analysis

The court analyzed whether Brouse's actions constituted fleeing from justice, noting that he had left the area shortly after committing the crime and had not returned until his arrest. The court found that his change in habits and failure to communicate with the complaining witness suggested an intent to evade arrest, thus supporting the government's claim that the statute of limitations was tolled.

There was evidence showing the following facts: The defendant and the complaining witness, Clark, became acquainted at the Hotel Vendome, Boston, in the spring of 1928; and the two met very frequently thereafter in Boston or in New York until the completion of the crime.

Conclusion

The court affirmed the conviction, concluding that the indictment was not barred by the statute of limitations due to Brouse's status as a fugitive from justice.

The judgment of the District Court is affirmed.

Who won?

The United States prevailed in the case because the court found that the statute of limitations was tolled due to Brouse's actions of fleeing from justice.

The government alleged that the statute had been tolled by the fact that the defendant was fleeing from justice.

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