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KNOX v. STATE

No. 05-81-00127-CR.

629 S.W.2d 134 (1982)

Billy Ray KNOX, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

January 6, 1982.

Attorney(s) appearing for the Case

Donald A. Parks, Greenville, for appellant.

Jerry S. Davis, Dist. Atty., Greenville, for appellee.

Before GUITTARD, C. J., and STEPHENS and VANCE, JJ.

VANCE, Justice.

Appeal is from a conviction for burglary of a habitation where the jury assessed punishment at five years. Appellant contends that the State did not comply with the Speedy Trial Act, Tex.Code Crim.Pro. Ann. art. 32A.02 (Vernon Supp.1980). We agree and therefore, reverse.

The Speedy Trial Act provides that where a felony is charged a court shall grant a motion to set aside an indictment if the State is not ready for trial within 120 days of...

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