State v. Mabrey

The state brings error, based upon the orders of the trial court, that the causes be dismissed, upon the applications of the defendants, for want of prosecution of defendants, for more than three terms of court, (Acts 1905, ch. 169, §220, §2252 Burns 1926) each of whom is under recognizance. These two numbered causes were instituted and tried separately in the trial court, and are consolidated after appeal, by the court.

Each defendant was charged with the commission of a felony, instituted by affidavit approved by the prosecuting attorney, both of which affidavits were filed in the Lawrence…