State v. Love

The state appeals an order dismissing the indictment. Defendant was indicted on June 9,1978, for the felonies of rape, kidnapping and assault alleged to have occurred on June 5, 1978. He pleaded not guilty on June 20 and the case was scheduled for trial on July 18. Bail was set at $50,000 and the defendant remained in custody.

Prior to trial, the prosecutor asked to have the case set over because he had been unable to locate the alleged victim. The case was set over until July 28. At that time the prosecutor still had not been able to locate the victim of the crime. The prosecutor indicated…