Denied.
LEMMON, J., concurs and assigns reasons.
DIXON, C.J., dissents from this action and would grant the writ. C.Cr.P. says in Art. 701, that "Failure to institute prosecution [within 60 days] shall result in release of the defendant..." No "just cause" for the delay has been shown here. There is no reasonable way to interpret this law except to order the release of the defendant. He should be tried, and tried speedily. That is the object of the statute...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
