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STATE v. POWELL

No. 47,424.

215 Kan. 624 (1974)

527 P.2d 1063

STATE OF KANSAS, Appellee, v. HARRELL E. POWELL, Appellant.

Supreme Court of Kansas.

Opinion filed November 2, 1974.

Attorney(s) appearing for the Case

Rodney H. Busey, of Arvin, Arvin, Busey and Thomas, Chartered, of Wichita, argued the cause and was on the brief for the appellant.

Clifford L. Bertholf, assistant district attorney, argued the cause, and Vern Miller, attorney general, and Keith Sanborn, district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

The defendant, Harrell E. Powell, was convicted of passing worthless checks. In this appeal his sole contention is that he was not brought to trial within the statutory ninety days and his motion for discharge should therefore have been sustained.

Since he was never free on bond, the applicable statute is K.S.A. 1973 Supp. 22-3402 (1), which requires the discharge of an incarcerated defendant after...

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