YELVERTON, Judge.
We granted the state's application for writs to review whether the trial court was correct in dismissing this second degree murder prosecution for the failure of the state to commence the second trial within one year from the date a new trial was granted.
The defendant, Chapman, was indicted (prosecution instituted) October 19, 1981, for the second degree murder of Reverend W.O. Bowman. He pleaded not guilty and not guilty by reason of insanity...
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