State v. Austin

OPINION

This appeal is from an Order granting a Motion to Dismiss Indictment, made by respondent on the ground that his constitutional right to a speedy trial had been impaired by unwarranted and unreasonable delay in prosecuting him for the offense in question. In the 129 days intervening between the time of the alleged offense and the return of the Indictment, a complaint in justice court contemplating prosecution for the same offense had been dismissed, after repeated procedural derelictions on the part of the State. The magistrate had indulged the State with continuances on three prior…