STATE v. GROTH

No. K 2856.

463 So.2d 613 (1984)

STATE of Louisiana v. Troy L. GROTH.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 26, 1985.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara B. Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Kathy Lee Torregano, Asst. Dist. Atty., New Orleans, for plaintiff.

Tilden Greenbaum, New Orleans, for defendant.

Before REDMANN, C.J., and KLEES and WILLIAMS, JJ.


REDMANN, Chief Judge.

On certiorari, we reverse the trial court's quashing of an indictment for failure to bring to trial "within two years from ... institution of the prosecution," La.C.Cr.P. 578(2), holding that that two year period of limitation is interrupted by a defendant's pre-trial and trial time detention by other states. During those times "his presence for trial cannot be obtained by legal process" by Louisiana, C.Cr.P. 579(2).

"[M]ere physical...

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