Harris v. Ogden, District Judge

This is an original proceeding in mandamus in which petitioners pray an order requiring John B. Ogden, judge of the district court of Carter county, to dismiss an indictment pending against them in that county charging the crime of embezzlement, for the reason that the said cause has not been brought to trial within two terms from the time indictment was returned.

Section 2913, Comp. Stat. 1921, is as follows:

“If a defendant, prosecuted for a public offense, whose trial has not been postponed upon his application, is not brought to trial at the next term of court in which the indictment or…