Jack G. Adargo v. Wayne K. Patterson, Warden Colorado State Penitentiary

HICKEY, Circuit Judge.

The appellant was convicted, by a jury in a State District Court, of the crimes of robbery and conspiracy.

Appellant was indicted December 13, 1961, during the September term of Court. During the 1962 January term, a trial date was set for the 1962 September term. No objection to the trial date was made at that time. The 1962 April term intervened. During the April term of court a request for continuance on the part of the accused was denied.

Colorado Statutes provide that a person not admitted to bail must be tried be-for the expiration of the second term after…