State Ex Rel. Wernke v. Super. Ct. of Hendricks Cty.

This is an original action for a writ of mandate and prohibition against the Superior Court of Hendricks County and its judge to compel the discharge of the petitioner under Ind. R. Crim. P.' 4(C) and prevent further action in the cause against him. The verified petition for the writ was filed on March 19, 1976. A hearing on the petition was held on March 29,1976.

The petitioner, Ray J. Wernke, was charged on December 6, 1974, with the unlawful delivery of a controlled substance, marijuana. Arrested on December 6, the petitioner was arraigned in Hendricks County Superior Court on April 11,…