STATE v. RUMMEL

Cr. No. 857.

326 N.W.2d 64 (1982)

STATE of North Dakota, Plaintiff and Appellee, v. Jerry RUMMEL, Defendant and Appellant.

Supreme Court of North Dakota.

November 10, 1982.


Attorney(s) appearing for the Case

John J. Fox, Asst. States Atty., and Owen K. Mehrer, States Atty., Dickinson, for plaintiff and appellee; argued by John J. Fox, Asst. State's Atty., Dickinson.

Freed, Dynes, Reichert & Buresh, Dickinson, for defendant and appellant; argued by Ronald A. Reichert, Dickinson.


ERICKSTAD, Chief Justice.

This is an appeal by the defendant, Jerry Rummel, from a Judgment of Conviction, dated April 8, 1982, by the Stark County Court of Increased Jurisdiction. We reverse and remand for a new trial.

On appeal Rummel raises one issue:

Whether or not, under the facts of this case, the 119 day delay between the selection of the jury and the commencement of the trial denied Rummel's right to an "impartial jury" under the Sixth Amendment...

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