Bonner v. State

BOYD, Justice.

This case presents the question which is of first impression in this state, whether prosecution is barred for felony delivery of a controlled substance when the complaint was filed within the limitation period but an indictment was not returned until that period had expired. For reasons hereinafter expressed, we hold prosecution is not barred and affirm the judgment of the trial court.

On September 17, 1986, a complaint was filed in the trial court charging appellant with felony delivery of a controlled substance. It alleged the offense was committed on or about August 3, 1986.…