
    STATE v. LAWRENCE BRAINERD.
    
      Information, Minute on by Clerk, when Exhibited. Criminal Law'.
    
    The minute on the information was, “ Filed Oet. 15, 1883,” and under the official signature of the clerk; Ilelcl, sufficient.
    Heard on motion to dismiss the information, April Term, 1881, Royce, Ch. J., presiding. Motion overruled; and cause passed to the Supreme Court under R. L. s. 1390. The motion to dismiss was, in effect, that the minute made by the clerk of the court on the information was not sufficient, in that it did not state when the information was exhibited.
    
      Edson, Cross & Start and Stephen E. Royce, for the respondent.
    The minute on the information was clearly insufficient. R. L. s. 1719; Pollard v. Wilder, 17 Yt. 18; Montpelier v. Andrews, 16 Yt. 601; Wheelock v. Sears, 19 Yt. 559.
    
      George W. Burleson, State’s Attorney (E. R. Hard with him), for the State.
    The minute on this information accomplishes the object of the statute, and is a substantial compliance with its requirements. R. L. s. 1719; State v. Bartlett, 11 Yt. 650.
   The opinion of the court was delivered by

Rowell, J.

It is considered that the minute on this information is sufficient to answer the purpose for which it is required to be made, which is, that the court may know with certainty whether or not the offense charged is barred by the Statute of Limitations. It is as follows: “ Filed Oct. 15, 1883,” and is under the official signature of the clerk. The information could not have been filed by the clerk until it was exhibited to him; and the minute of filing imports such exhibition, nothing else appearing; and the two things will be taken to have been concurrent. State v. Bartlett, 11 Vt. 650.

The respondent takes nothing by his exceptions, and the cause is remanded.  