State v. Dewey

The opinion of the court was delivered by

Porter, J.:

In the first of these cases appellants were charged with assault with intent to kill Roy Berry, in the second with murder in the first degree *736for the killing of Alpheus W. Berry, and in the third with murder in the first degree for the killing of Daniel P. Berry.

On May 1, 1905, the first day of the regular May term of court, appellants filed motions in each case, under section 221 of the code of criminal procedure (Gen. Stat. 1901, § 5666), asking to be discharged on the ground that more than three, ter ms of court had elapsed after…