Smith v. State

Defendant-appellant Robert Ree Smith (Smith) was convicted by a jury of the crime of assault and battery with intent to kill. 1 He appeals following the overruling of his motion to correct errors by the trial court.

Appellant Smith first asserts on appeal that the trial court erred in refusing to grant a motion for discharge made by him under the provisions of Ind. Rules of Procedure, Crimnal Rule 4(A). Such rule provides that a criminal defendant may not be incarcerated on a charge, without a trial, for a period exceeding six months where there has been no delay on his part. State ex rel.…