State v. Thomas

The appellant was found guilty by the verdict of a jury of the crime of carnal knowledge of a female child of the age of thirteen years and not his wife. After the denial of a motion for an order of dismissal notwithstanding the verdict or, in the alternative, for a new trial, judgment was entered upon the verdict, and the appellant was sentenced to life imprisonment in the state penitentiary.

The first error assigned by the appellant is the court’s refusal to dismiss the action for want of timely prosecution.

Section 2312 of Remington’s Revised Statutes [P. C. § 9143] provides:

“If a defendant…