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WILSON v. STATE

No. 3-875A185.

361 N.E.2d 931 (1977)

Leonard WILSON, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

April 26, 1977.

Attorney(s) appearing for the Case

A. Martin Katz, Katz & Brenman, Merrillville, for defendant-appellant.

Theodore L. Sendak, Atty. Gen., James N. Shumacker, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

GARRARD, Judge.

This is a speedy trial case arising under Indiana Rules of Procedure, Criminal Rule 4(C) as it existed prior to the 1974 amendments. See, Moreno v. State (1975), Ind. App., 336 N.E.2d 675. We find it was error for the court to deny Wilson's motion for discharge.

Wilson was arrested on a charge of theft and released on recognizance in April 1973. At that time CR 4(C) provided,

"No person shall...

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