State v. Hawley

This is a criminal action in which the State appeals. Hawley was jointly indicted with one Brady for the crime of first degree murder. A number of pre-trial pleadings were filed by both parties. The sole question before us is whether or not the appellee Hawley was entitled to be *245discharged under Rule 1-4D(1), which is now CR. 4(A), because of the delay in bringing him to trial within a period of six months. Rule 1-4D (1) reads as follows:

“Defendant in Jail. — No defendant shall be detained in jail on a charge, without a trial for a continuous period embracing more than six 6 months from . . .…