Bennett v. State

Birdsong, Judge.

Smith and Bennett were convicted on April 19,1978, of possession and sale of marijuana. Appellants enumerate five errors. Held:

I

Smith and Bennett contend they were denied a speedy trial and that the trial court erred in overruling their plea in bar made on that basis. They were arrested September 11,1974. A trial three years later in October, 1977, resulted in a hung jury; appellants were tried again and convicted on April 19, 1978, three years and seven months from the date of arrest.

Appellants contend they made a jury demand in August, 1975, and that the case was set for…