State v. Truax

HARRIS, Justice.

This prosecution was dismissed for want of speedy trial under § 795.2, The Code. Upon the State’s appeal we reverse the trial court and remand.

Robert S. Truax (defendant) was indicted April 25, 1973 for the crime of operating a motor vehicle while under the influence of an intoxicating beverage in violation of § 321.281, The Code. No charges were filed at the time the offense was alleged to have occurred, eight months previously, on August 26, 1972. Defendant was never incarcerated or held to answer prior to his indictment.

On May 4, 1973 defendant moved to dismiss, charging…