Fryar v. State

NIX, Presiding Judge:

This is an original proceeding filed by the petitioner, Gary Wendell Fryar, seeking a writ of mandamus from this Court directing the District Court of Pontotoc County to grant him a speedy trial or dismiss the charges pending there against him. Petitioner is presently confined in the United States Penitentiary at Leavenworth, Kansas.

The principle of law involved in this case has received the consideration of this Court on numerous occasions, most recently in Hobbs v. State, Okl.Cr., 417 P.2d 934:

“Where an accused is incarcerated in a Federal Penitentiary, such…