State v. Fogg

I concur in the foregoing opinion excepting the paragraph thereof which would operate to overrule Colvin v. Callahan, 46 S.D. 221( 191 N.W. 948, and to reconstrue SDC I960' Supp. 34.2201.

Whether, under the circumstances of a particular case, a defendant has been deprived of a speedy trial guaranteed by § 7, Art. VI of the Constitution of South Dakota is a judicial question. State v. Violett, 79 S.D. 292, 111 N.W.2d 598. A legislature may exceed its powers and encounter this provision of the constitution in saying a trial is speedy if held within a certain time and under described conditions.…