State v. Clouatre

OPINION

CONNOR, Justice.

In this petition for review the state asks that we reverse the dismissal of an indictment by the superior court. The indictment was dismissed on the ground that the defendant was not brought to trial within four months from his arrest, as required by Criminal Rule 45. 1 Under Criminal Rule 45(b) certain periods of delay are excluded in computing the time within which the defendant must be brought to trial. In this case the superior court, in making its computation, refused to exclude a period of delay which the state claims should have been excluded. The question is…