State v. Johnson

Besides joining in the dissent of Spencer, J., I wish to add the following:

I

Subsection (3) of section 29-1207, R. R. S. 1943, provides: “(3) If such defendant is to be tried again following a mistrial, an order for a new trial, or an appeal or collateral attack, such period shall commence to run from the date of the mistrial, order granting a new trial, or the mandate on remand.” (Emphasis supplied.)

The statute requires the defendant be brought to trial (not a completed trial) within 6 months (not counting excludable time). He was “brought to *335trial” on February 16, 1977. He failed to appear…