Merrill v. State

Deen, Presiding Judge.

The appellant, Marc Merrill, was arrested for driving under the influence on August 3, 1988. On August 9, 1988, Merrill filed with the state court clerk an “Omnibus Motion,” the twenty-fifth paragraph of which requests “[t]o enter on the minutes of the court that the defendant had demanded trial by jury and that he be so tried during this term of court or the next succeeding regular court term thereafter; and upon failure to so proceed, that the defendant be absolutely discharged and acquitted of the offenses so charged.” An accusation against Merrill was not filed until…