State v. Bradley

HAWTHORNE, Justice.

This is an appeal by the State from a judgment of the lower court entering a nolle prosequi as to both defendants. The pertinent facts in this case are as follows:

On September 21, 1951, a bill of information was filed charging these defendants with unlawfully possessing narcotics, a felony denounced by R.S. 40:962. The defendants were arraigned on October 15, 1951, but the case was not fixed for 'trial until September 30, 1954. On this date each defendant appeared and filed a plea of prescription, contending that more than three years had elapsed from the date of the filing…