ON PETITION FOR REHEARING
SULLIVAN, Judge.
Heretofore on September 4, 1973 by opinion upon the merits of Utterback's appeal from his conviction of second degree burglary, we ordered appellant discharged for the reason that the State had not tried him within fifty (50) days following his motion for early trial as required by CR. Rule 4(B) and that there was no showing of record that such delay was occasioned by "congestion of the court calendar". Utterback...
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