State v. Waites

Ness, Justice:

The sole question before us is whether respondent, Millard E. Waites, was denied his constitutional right to a speedy trial. The lower court found the two year four month delay between arrest and preliminary hearing to warrant dismissal of charges against respondent. We disagree and reverse.

Respondent was arrested on two warrants issued by Magistrate J. F. Stephens on August 21st and August 26th, 1974, charging him with two counts of assault and battery of a high and aggravated nature and with pointing and presenting a firearm. On August 26, 1974, appellant’s attorney requested…