State v. Dietz

MOORE, Justice.

We allowed the State’s petition for discretionary review to consider the decision of the Court of Appeals in which that court (1) reversed the trial court and ordered a new trial because of the pre-indictment delay and (2) held that the trial court erroneously overruled defendant’s objection to a question asked by the district attorney.

The State first contends that the trial court did not err in denying defendant’s motion to dismiss the prosecution because of a four and one-half month pre-indictment delay, and that the Court of Appeals erroneously decided that the trial court…