Lee v. State

Kirby, J.,

(after stating the facts). The statute upon which the motion for discharge is-based, § 3132, Crawford & Moses’ Digest, reads as follows:

“If any person indicted for any offense, and- committed to prison, shall not be brought to trial before the end of the second term of the court having jurisdiction of the offense, which shall be held after the finding of such indictment, he shall be discharged so far as relates to the offense for which he was committed, unless the delay shall happen on the application of the prisoner.”

This statute has been construed and applied first in Stewart v.…