Wescott v. Briere

I agree with the majority in their disposition of the first ground of the defendant’s motion to dismiss but disagree as to the second.

The majority in the first part of their opinion on this point recite that the defendant’s contention is that the justice continued the case for more than three months, contrary to the provisions of P. L. 1472. They then show what the effect is of such a continuance and cite cases in support of their statements. So at the start they seem to concede that we have here an indefinite continuance for a period longer than the three months allowed by the statute. I…