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KOMINSKI v. STATE

141 A.2d 138 (1958)

Benjamin KOMINSKI, Plaintiff Below, Appellant, v. STATE of Delaware, Defendant Below, Appellee.

Supreme Court of Delaware.

May 14, 1958.

Attorney(s) appearing for the Case

Morton E. Evans, Wilmington, for appellant.

Frank O'Donnell, Jr., Chief Deputy Atty. Gen., for appellee.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

BRAMHALL, Justice.

This appeal relates to the refusal of the Superior Court to order the release of defendant from prison by reason of the failure of the State to try defendant upon the charge of which he was indicted at or prior to the second term after his commitment.

Defendant was arrested in 1956, prior to the opening of the May term of the Superior Court. The case was continued until the September term 1956,...

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