State v. Richmond

This is an appeal from a conviction of assault without malice aforethought, § 559.-190, RSMo 1969, as a result of which defendant was sentenced to five years’ imprisonment. He alleges error on the part of the trial court in overruling motions to dismiss for tardiness in trial, § 545.780, RSMo 1978.

Defendant was tried twice. After the first trial, which also resulted in conviction, he was granted a new trial. He claims here that the court erred in not dismissing the case before the first trial, because, as he alleged in his motion, he was not brought to trial within 180 days of his…