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UTTERBACK v. STATE

No. 2-173A5.

300 N.E.2d 688 (1973)

Dale E. UTTERBACK, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Second District.

Rehearing Denied October 29, 1973.

Attorney(s) appearing for the Case

J.E. Holwager, Holwager & Harrell, Beech Grove, for defendant-appellant.

Theodore L. Sendak, Atty. Gen., Robert E. Dwyer, Deputy Atty. Gen., for plaintiff-appellee.

Rehearing Denied October 29, 1973. See 302 N.E.2d 514.

SULLIVAN, Judge.

The matter before us involves application of Rule CR. 4(B) which specifies:

"(B) Defendant in jail — Motion for early trial. If any defendant held in jail on an indictment or an affidavit shall move for an early trial, he shall be discharged if not brought to trial within fifty (50) judicial days from the date of such motion, except where...

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