State v. Morningstar

UHLENHOPP, Justice.

The main question in this criminal appeal is whether the charge was filed in time.

The chronology of events relative to the claimed errors which were preserved is this. On February 6, 1970, an officer arrested and incarcerated defendant Edward Oliver Morningstar for allegedly operating a motor vehicle while intoxicated. On February 7, 1970, the officer took defendant before a magistrate and defendant posted bail. The magistrate did not hold a preliminary examination nor did defendant waive one.

On April 7, 1970, the prosecutor charged defendant by county attorney’s…