Wollyung v. State

On November 28, 1949, an affidavit was filed in the Franklin Circuit Court charging the appellant with assault and battery wih intent to commit a felony. He was arrested the same day, and was at once released from custody upon furnishing a recognizance bond which was duly approved.

On December 7, 1949, he entered a plea of not guilty. Thereafter, on November 28, 1950, he filed a written motion to be discharged because of delay. See Burns’ 1942 Replacement, §9-1403. The motion was overruled; the cause was tried at the February 1951 term of court; and the appellant was found guilty of assault…