State v. Rice

Defendant appeals his conviction by a jury on February 20, 1967, on a charge of receiving stolen property on December 16, 1965, namely, three office machines stolen in a burglary of the R. B. Denison Company. The indictment upon which he was found guilty was returned on November 3, 1966.

Five claims of error are assigned, in the first of which it is asseverated:

“1. Constitutional Question: May a defendant be incarcerated and held for trial for fourteen (14) months by virtue of three successive indictments for facts arising out of the same incident.”

Some further explanation of the factual…