State v. Ellington

I. Appellant moved to dismiss the indictment on the ground that he was not brought to trial at the next regular term of the court after the indictment was found.

From an agreed statement of facts it appears that appellant was indicted at the February, 1922, term of the district court of Mahaska County. The next succeeding term was the April, 1922, term, at which time it appears that, on the convening of court, when the attorneys representing appellant were present, in open court, the presiding judge inquired of the county attorney if there was anyone in jail, and was informed by the county…