This section contains the nature of the case and procedural background.

The statute of limitations for rape in California was three years. On November 3, 1930, an information was filed against McGee (D,) charging him with the crime of rape on or about March 30, 1926. D appeared at the trial, plead guilty, and was sentenced to prison. On March 18, 1933, D filed a motion to set aside the verdict because the statute of limitations had expired at the time he was tried. The motion was denied. D appealed.

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