State v. Elfert

FOURNET, Chief Justice.

The defendants, Edward F. Elfert and Melvin A. De Jean, invoked the provisions of R.S. 1 claiming the case against them should be dismissed inasmuch as no trial had been commenced within two years from the date on which they were charged with simple burglary in an information. The state prosecutes this appeal from the judgment of the district court maintaining the plea of prescription and dismissing the case.

In this court the defendants filed a motion to dismiss the appeal, contending the state was without a right of appeal inasmuch as it failed to timely reserve and…