State v. Sowle

MOORE, Chief Justice.

Defendant, Wayne Sowle, appeals from conviction and sentence for the crime of operating a motor vehicle without the owner’s consent, in violation’of Code section 321.76.

Defendant asserts the trial court erred, first in not on its own motion and later on defendant’s motion, in failing to dismiss the charge against him as having been filed too late timewise in violation of Code section 795.1. It provides:

“When a person is held to answer for a public offense, if an indictment be not found against him within thirty days, the court must order the prosecution to be dismissed,…