State v. Brill

The first question to be determined is whether or not the defendant was a prisoner more than six months after December 24, 1954, when he was bound over, or in the words of the statute “held to answer.” The statute quoted above was in effect for more than six months after that date. The defendant contends that he was a prisoner although not confined in the county jail because he had given bail. The state on the other hand contends that “prisoner” refers only to persons confined in a jail or prison.

In its brief the state traces the history of the statute. When originally passed in 1849 the…