Introducing ATLASLearn more
Legal Opinion

Rost v. Municipal Court

California Court of Appeal

Decided September 12, 1960No. Civ. 19438PublishedCited by 36 opinions

1Opinion of the CourtBray, P. J.

Petition for writ of prohibition to command the municipal court to desist from further proceedings in a criminal case.

Question Presented

Does an unexplained delay of approximately 140 days between the filing of a misdemeanor complaint and the arrest of defendant deprive him of his constitutional right to a speedy trial?

Record

The alleged offense occurred December 16, 1959. The complaint charging defendant with violation of section 23102, Vehicle Code (misdemeanor drunk driving) was filed and warrant of arrest issued January 11, 1960. Petitioner was arrested June 1. June 13, petitioner moved the…

2Cases cited6 opinions

  1. In Re BegerowCalifornia Supreme Court · 1901
  2. Harris v. Mun. Court of L.A.California Supreme Court · 1930
  3. People v. MorinoCalifornia Supreme Court · 1890
  4. People v. AguirreCalifornia Court of Appeal · 1960
  5. In Re GereCalifornia Court of Appeal · 1923

1 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Klopfer v. North CarolinaSupreme Court of the United States · 1967
  2. State v. StrikerWashington Supreme Court · 1976
  3. State v. JohnsonSupreme Court of North Carolina · 1969
  4. Jones v. Superior CourtCalifornia Supreme Court · 1970
  5. The People v. LoveIllinois Supreme Court · 1968

31 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API