Smith v. State

Fletcher, Justice.

On August 1, 1989, defendants were indicted on charges of murder, felony murder, and aggravated assault arising out of an incident that occurred in November of 1988. When their case appeared on the trial calendar for the seventh time, the trial court invited counsel for the defendants to move for an out-of-time demand for speedy trial. An oral motion to that effect was made and the court set a hearing on the motion for April 27, 1990.

At the close of the April 27 hearing, the trial court orally granted the motion for an out-of-time demand for speedy trial. The trial court…