State v. Wimberly

November 2, 1970, a pretrial hearing was held, and in the afternoon the court informed counsel and the defendant that the following day was a legal holiday, it being the day of a general election, and, therefore, the court could not conduct business on that day. At the invitation of the court, however, defendant and his counsel waived the right of the defendant not to be tried on a statutorily declared legal holiday. Jurors were then selected and the case adjourned to the following day.

The trial proceeded on November 3, 1970, and was concluded on November 4, 1970. On this appeal, the…