Foster v. State

Appellant, on September 14, 1962, was indicted for robbery. He was apparently then in Kilby Prison.

He claimed (in a written motion to dismiss the indictment) that “on to-wit, September 15, 1962,” he made a written demand on the then solicitor that he be brought to trial. See Ex parte State, ex rel. Attorney General, 255 Ala. 443, 52 So.2d 158.

The motion to dismiss was filed June 9, 1965, and the Circuit Court heard evidence thereon July 8, 1965. This evidence has not been sent up in the record before this 'court on appeal under Act 525, September 16, 1963.

July 29, 1965, the Circuit Court —…