§ 617.55

State v. Lawrence · 1981 2 citations

Any person who receives, possesses, transfers, buys or conceals any stolen property or property obtained by robbery, knowing the same to be stolen or obtained by robbery, may be sentenced as follows: (1) If the value of the property received, bought or concealed is $150 or more, to imprisonment for not more than ten years or to payment of a fine of not more than $10,000, or both; The words "possesses, transfers" (above) were added by Act of May 29, 1979, ch. 232, § 1, 1979 Minn.Laws 484, which also provides: This act is effective August 1, 1979 and applies to all offenses committed on or after that date and to all persons convicted of a crime committed on or after that date. Id., § 3. [3] "Statutes of limitation are founded upon the liberal theory that prosecutions should not be allowed to ferment endlessly in the files of the government to explode only after witnesses and proofs necessary to the protection of the accused have by sheer lapse of time passed beyond availability." United States v. Eliopoulos, 45 F.Supp. 777, 781 (D.N.J.1942). [4] The Toussie court was interpreting the federal criminal statute of limitations in 18 U.S.C. § 3282 (1976). [5] See State ex rel. Sargent v. Tahash, 280 Minn. 507, 160 N.W.2d 139 (1968) (holding that the crime of child abandonment under Minn. Stat. § 617.55 (1961) (since repealed) was generally recognized as a continuing offense which is not committed by any overt act but by omission and neglect). [6] Such a holding would not preclude appropriate civil litigation. See In re Estate of Congdon, 309 N.W.2d 261 (Minn.1981).

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