State v. Duncan

h CARAWAY, Judge.

Defendant was indicted for second degree murder in January, 1996. In October, 1998, defendant filed a Motion to Quash the indictment, relying on La. C.Cr.P. art. 578. The trial court granted defendant’s motion to quash, because the state failed to commence trial within the two-year time limitation of article 578. From this ruling, the state appeals. For the reasons stated below, we affirm the ruling of the trial court.

Facts & Procedural History

Defendant, Clyde Duncan (“Duncan”), was arrested and jailed on or about September 8, 1995 in connection with the murder of Sharron…