STATE v. SCHUESSLER

No. 96-346.

561 N.W.2d 40 (1997)

STATE of Iowa, Appellee, v. Vernon James SCHUESSLER, Appellant.

Supreme Court of Iowa.

March 26, 1997.


Attorney(s) appearing for the Case

Brent D. Hege of Terrill & Hege Law Offices, Ames, for appellant.

Thomas J. Miller, Attorney General, Mary Tabor, Assistant Attorney General, Mary E. Richards, County Attorney, and Ronald Sotak, Assistant County Attorney, for appellee.

Considered by McGIVERIN, C.J., and LARSON, LAVORATO, NEUMAN, and ANDREASEN, JJ.


PER CURIAM.

The question here is whether an indictment is "found" for purposes of Iowa Rule of Criminal Procedure 27(2)(a) when it is approved by the district court or when it is filed by the court clerk. The district court determined an indictment is found when it is approved by the court and denied appellant's motion to dismiss for lack of speedy indictment. We disagree and reverse.

I. Background Facts and Proceedings.

On August 31, 1995...

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