City of St. Joseph v. Mackley

DIXON, Judge.

The Municipal Court of the City of St. Joseph found defendant Mackley guilty of driving while under the influence of intoxicating liquor on April 28, 1967. The defendant appealed to the Circuit Court of Buchanan County. No activity of any kind occurred until January, 1971, when the defendant filed a motion to dismiss claiming that more than four terms of court had passed and that he was entitled to discharge. The ruling on that motion is not before us.

The plaintiff City then filed a motion asking that the defendant’s appeal to the Circuit Court be dismissed because the defendant…