State ex rel. Dennis v. Morphonios

This is an original proceeding in prohibition. In his suggestion the relator alleged that on June 6, 1971, he was arrested and charged with breaking and entering a dwelling, and that on the day following his arrest he filed a demand for speedy trial under Rule 1.191 CrPR 33 F.S.A.1 The suggestion contained no allegation as to whether or when the defendant was indicted or informed against. It was alleged that a motion for discharge, filed by him on August 31, 1971, more than 60 days after the demand, was denied by the respondent judge.

A rule nisi in prohibition was issued. In the return filed…