Commonwealth v. Clark

Opinion by

Mr. Justice Roberts,

Charles Clark here appeals from the denial of a motion for a discharge or new trial based upon the claim that a seven year delay between indictment and conviction deprived him of his right to a speedy trial as guaranteed by the Sixth and Fourteenth Amendments of the United States Constitution. For reasons appearing below, we conclude that the record must be remanded for further proceedings on this claim.

In 1951 appellant was incarcerated in the Indiana State Reformatory, Pendleton, Indiana, serving a 10 to 25 year term of imprisonment for robbery. On October 10th…