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ST. EX REL. COX v. SUPER. CT., MADISON CTY.

No. 1182S454.

445 N.E.2d 1367 (1983)

STATE OF INDIANA, ex rel. Michael J. Cox, Relator, v. THE SUPERIOR COURT OF MADISON COUNTY, Division III and the Honorable Thomas Newman, Jr., As Judge Thereof, Respondents.

Supreme Court of Indiana.

March 18, 1983.

Attorney(s) appearing for the Case

Sharon Carroll Clark, Anderson, for relator.

Linley E. Pearson, Atty. Gen., Indianapolis, Thomas Godfrey, Deputy Pros. Atty., of Madison County, Anderson, for respondents.

GIVAN, Chief Justice.

Relator petitioned this Court for a writ of mandamus and prohibition. We denied his petition following a hearing on November 18, 1982.

The facts giving rise to relator's petition evolve from his motion for discharge, made pursuant to Criminal Rules of Procedure, Rule 4(B). A grand jury indictment charging relator with first degree murder, was filed on May 10, 1982. Trial was set for August 2, 1982. Relator requested a continuance on June...

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