State v. Willingham

The state appeals from an order dismissing a second degree assault indictment against defendant. The assault allegedly occurred on March 4, 1972, indictment was returned on March 22, and arrest war rant concurrently issued. Defendant was arrested on October 6, 1972, never having previously known that he was charged with anything, although a policeman had talked with him on the night of the incident. The police had defendant’s address at all times. No excuse is given for the six-and-one-half-month delay in serving the warrant. It was attributable to pure negligence.

After hearing evidence on…