James v. State

OPINION

BOOCHEVER, Chief Justice.

Joseph James was convicted on a charge of sale of a hallucinogenic, stimulant and depressant drug in violation of AS 17.12.-010. The court had set August 18, 1975 for trial, and selection of a jury was commenced on that date. During voir dire examination, the defendant moved for dismissal because of alleged violation of Criminal Rule 45(b) which states:(b) Speedy Trial Time Limits. A defendant charged with either a felony or a misdemeanor shall be tried within 120 *299days from the time set forth in section (c).1

Criminal Rule 45(f) specifies:(f) Waiver. Failure of…