State v. McCarty

— This is an appeal by the State of Indiana from an order of the Rush Circuit Court sustaining a motion to discharge the appellee, which motion to discharge was based upon Article 1, Section 12 of the Indiana Constitution as implemented by Acts 1905, ch. 169, §220, p. 584 [§9-1403, Burns’ 1956 Repl.], commonly known as the three-term statute.

The circumstances pertinent to the discharge are as follows:

On April 29, 1960, appellee was charged in two counts with reckless driving [Count 1], and driving with improper lights [Count 2]. On June 6, 1960, appellee filed a motion to quash both counts,…