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STATE EX REL. PENN v. CRIMINAL COURT

No. 878S165.

389 N.E.2d 21 (1979)

STATE of Indiana ex rel. Roy R. Penn, Relator, v. The CRIMINAL COURT of Marion County, Division III and the Honorable Charles C. Daugherty, Judge of the Criminal Court of Marion County, Division III, Respondent.

Supreme Court of Indiana.

May 11, 1979.

Attorney(s) appearing for the Case

John R. Politan, Clark & Clark, Indianapolis, for relator.

Sherwood Hill, Deputy Pros. Atty., Theodore L. Sendak, Atty. Gen., Charles C. Daugherty, Judge, Indianapolis, for respondents.

DeBRULER, Justice.

This is an original action instituted in this Court by Relator who stands charged in the criminal court below by indictment with murder. Such indictment was returned to the criminal court in August, 1975. No arrest warrant was issued on the indictment until March 10, 1978. Appellant was arrested on such warrant.

Shortly thereafter Relator filed his motion for discharge pursuant to Criminal Rule 4(C) and such motion was denied in July, 1978...

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