State v. Edens

OPINION

BRETT, Judge:

On the 5th day of May, 1976, Michael Wayne Edens, hereinafter referred to as defendant, was charged in the District Court, Washington County, Case No. CRF-76-249, with having committed the offense of Unlawful Delivery of Marihuana, on January 1, 1975, in violation of 63 O.S.Supp. 1975, § 2-401. On June 15, 1976, preliminary hearing was held, the defendant was bound over, and on June 22, 1976, the defendant filed a motion to set aside the information. The motion was based upon the delay of 17 months from the date of the offense, which occurred on January 1, 1975, and the…