State v. Smith

HUSKINS, Justice.

Defendant Smith moved to dismiss the murder charges against him on the ground that his constitutional right to a speedy trial had been denied. Denial of the motion constitutes his first assignment of error.

In support of his motion Smith filed an affidavit asserting that the trial delay was due to the efforts by the State to strengthen its case; that this delay prejudiced his defense in that his incarceration without privilege of bond made it im possible for him to contact witnesses; that it compounded the already difficult task of maintaining contact with elusive, unnamed…