STATE v. MOSS

No. 1-275A30.

343 N.E.2d 827 (1976)

STATE of Indiana, Appellant (Plaintiff below), v. Harrell C. MOSS and James Berridge, Appellees (Defendants below).

Court of Appeals of Indiana, First District.

March 15, 1976.


Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen. of Indiana, Robert S. Spear, Deputy Atty. Gen., Indianapolis, for appellant.

Bates, Warrum & Noffsinger, Evansville, for appellee, Harrell C. Moss.

Malcolm G. Montgomery, Evansville, for appellee, James Berridge.


LYBROOK, Judge.

Plaintiff-appellant State of Indiana appeals from discharge of defendants-appellees Moss and Berridge pursuant to Ind. Rules of Procedure, Criminal Rule 4(C). The sole issue presented is whether the discharge was error.

The record reveals that defendants were neither charged, arrested, nor released on their own recognizance subsequent to February 1, 1974, the effective date of the 1973 amendment to CR. 4(C). Therefore, the pre-amendment version...

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