State v. Davis

I

At the outset, it should be noted that we are in agreement with that portion of the decision of the Court of Appeals holding that the appellant’s constitutional right to a speedy trial under the Sixth Amendment was not violated.

In Barker v. Wingo, supra (407 U. S. 514), the United States Supreme Court found no infringement of a defendant’s Sixth Amendment rights, where he had not been brought to trial for more than five years after his arrest. The facts in that case indicated that the delay occurred as a result of a series of continuances secured by the prosecution, which were not objected…