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STATE v. DUNCAN

No. 33,971-KA.

771 So.2d 254 (2000)

STATE of Louisiana, Appellant, v. Clyde DUNCAN, Appellee.

Court of Appeal of Louisiana, Second Circuit.

November 3, 2000.

Attorney(s) appearing for the Case

Frederick A. Duhy, Jr., Assistant Attorney General, Richard Ieyoub, Attorney General, Counsel for Appellant.

Samuel Thomas, Tallulah, Counsel for Appellee.

Before NORRIS, BROWN and CARAWAY, JJ.

CARAWAY, Judge.

Defendant was indicted for second degree murder in January, 1996. In October, 1998, defendant filed a Motion to Quash the indictment, relying on La. C.Cr.P. art. 578. The trial court granted defendant's motion to quash, because the state failed to commence trial within the two-year time limitation of article 578. From this ruling, the state appeals. For the reasons stated below, we affirm the ruling of the trial court.

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