City of Sioux Falls v. Fanebust

The defendant was convicted of public intoxication in violation of an ordinance of the city of Sioux Falls. At the time of his arraignment before the municipal court he entered a plea of not guilty and demanded a jury trial. This was done on December 3rd, the first day of the December term of that court. The court set the case for trial on December 12th, being a day of the December term. At the time of his arraignment and again at the time of the trial, defendant objected to the calling of the case for trial on the 12th of December for the reason that if the rules of criminal procedure apply,…