State v. Truett

On April 6, 1955, the accused, John Truett — who had been charged in a bill of information filed August 9, 19.51,' with violation of B.S. 40:962, a felony, and more than three years having 'elapsed from that date without his having been *979tried — invoked the statute of limitations provided in R.S. 15:8 and 15:9, praying that the information be dismissed and that the court order the district attorney to enter a nolle prosequi therein. The trial judge, after formal hearing, so ordered, and the state prosecutes this appeal from such action.

In brief the state correctly points out that in felony…