State v. Sherman

The opinion of the court was delivered by

Kaul, J.:

This is an appeal by the state. The single issue is whether the trial court erred in discharging defendant because he had not been tried within 180 days after his arraignment.

On June 27,1973, defendant (William R. Sherman) was arraigned upon a charge of theft in violation of K. S. A. 21-3701. Defendant stood mute, whereupon the trial court entered a plea of not guilty upon his behalf. Defendant was then released on bond.

The case was first set for trial on August 13, 1973, but due to a calendar conflict the case was not tried, but was reset for…