State v. Tyrrell

Defendant appeals from a jury verdict of guilty of two counts of armed robbery. He makes three assignments of error; denial of a motion to sup*129press, denial of a motion to dismiss for lack of a speedy trial, and denial of motion for mistrial based on misconduct of the prosecutor. The motion to suppress evidence was filed and served on the district attorney about 10 minutes before trial was scheduled to start. Although the motion was not timely, and the trial judge could have refused to consider it, he allowed a hearing on the motion to precede the trial.

At this hearing it was established that…