Power v. State

J. Carroll Power was convicted of the crime of incest, and has brought the case before us for review.

There are several assignments of error, but only three questions for our consideration, which we shall take up in their order. The first is that the court erred in failing to dismiss the prosecution on the ground that the defendant was not tried within 60 days of the date of the indictment, as provided by section 5204, Revised Code of 1928, which reads as follows:

“§ 5204. Dismissal for Want of Prosecution. The court, unless good cause to the contrary is shown, must order the prosecution to be…