Wilson v. State

I find myself in disagreement with the first division of the majority opinion, and since I believe that appellant’s motion for discharge and acquittal should have been granted, I must file a dissent.

If a defendant charged with a non-capital felony enters a demand for trial in the term of court during which he was indicted or at the next succeeding term, he must be tried when the demand is made or at the next succeeding regular term thereafter, provided at both court terms there are juries impaneled and qualified to try him, or “he shall be absolutely discharged and acquitted of the offense…