Holt v. State, 973S196
Decision Date | 10 September 1974 |
Docket Number | No. 973S196,973S196 |
Citation | 262 Ind. 334,43 Ind.Dec. 554,316 N.E.2d 362 |
Parties | Willie Jerome HOLT, Appellant, v. STATE of Indiana, Appellee. |
Court | Indiana Supreme Court |
Julius H. Sachs, Hammond, for appellant.
Theo. L. Sendak, Atty. Gen., G. Richard Potter, Deputy Atty. Gen., Indianapolis, for appellee.
The Appellant was convicted by a jury of the crime of Second Degree Murder. A woman called Georgia Bryant, who was living with the victim, a dealer in narcotics, testified that on February 21, 1972, she overheard from an adjoining room the victim say to another person, Georgia Bryant then heard a shot. She peeked into the room and saw the Appellant with a gun in his hand standing over the body of the victim. Appellant fled. On March 10, 1973, Appellant was found guilty of murder in the Second Degree.
Despite this verdict, we must order the discharge of the Appellant in view of the State's failure to comply with Rule CR. 4, which is the mechanism adopted by this Court to insure the constitutional right to a speedy trial for each defendant in a criminal trial.
Appellant relies upon the following rule, Rule CR. 4(A), (D):
'(A) Defendant in jail. No defendant shall be detained in jail on a charge, without a trial, for a (continuous) period in aggregate embracing more than six (6) months from the date the criminal charge against such defendant is filed, or from the date of his arrest on such charge (whichever is later); except where a continuance was had on his motion, or the delay was caused by his act, or where there was not sufficient time to try him during such period because of congestion of the court calendar; provided, however, that in the last-mentioned circumstance, the prosecuting attorney shall make such statement in a motion for continuance not later than ten (10) days prior to the date set for trial, or if such motion is filed less than ten (10) days prior to trial, the prosecuting attorney shall show additionally that the delay in filing the motion was not the fault of the prosecutor.
(D) Discharge for delay in trial--When may be refused--Extensions of time. If when application is made for discharge of a defendant under this rule, the court be satisfied that there is evidence for the state, which cannot then be had, that reasonable effort has been made to procure the same and there is just ground to believe that such evidence can be had within ninety (90) days, the cause may be continued, and the prisoner remanded or admitted to bail; and if he be not brought to trial by the state within such additional ninety (90) days, he shall then be discharged.'
Appellant was arrested on ...
To continue reading
Request your trial-
State v. Frazier
...560, 357 N.E.2d 725, 727 (1976) (failure of prosecutor's office to locate defendant incarcerated within state); Holt v. State, 262 Ind. 334, 336, 316 N.E.2d 362, 363 (1974) (failure of prosecuting attorney to explain or give reason for delay); State v. Gorham, 206 N.W.2d 908, 915 (Iowa 1973......
-
Fox v. State
...day of the delay. State v. Moss, (1976) Ind.App., 343 N.E.2d 827; Moreno v. State, (1975) Ind.App., 336 N.E.2d 675; Holt v. State, (1974) 262 Ind. 334, 316 N.E.2d 362. In the case at bar, the record reveals that Kapp filed a motion for change of venue from the county, which was denied March......
-
Moreno v. State
...has been the rule under the pre-amendment version of CR. 4(A). Summerlin v. State (1971), 256 Ind. 652, 271 N.E.2d 441; Holt v. State (1974), Ind., 316 N.E.2d 362; Johnson v. State (1974), Ind., 313 N.E.2d 535. This was also the rule under Supreme Court Rule 1--4D(3), which is substantially......
-
Sharpe v. State
...for the delay, the six-month period began to run anew from the last day of the delay chargeable to him. See, e. g., Holt v. State (1974), 262 Ind. 334, 316 N.E.2d 362; Summerlin v. State (1971), 256 Ind. 652, 271 N.E.2d 411; Moreno, The record in this case shows that trial was originally se......