State v. Grow

This is an appeal taken by the Attorney General of the State of Indiana on behalf of the State from a judgment dismissing a criminal action instituted by the State of Indiana by affidavit in two counts charging the appellee with assault and battery with intent to gratify sexual desires, Count One, and assault and battery alone in Count Two.

*184The only issue in this appeal relates to the appellant’s contention that the appellee was not entitled to be discharged under Rule 1-4D for delay in bringing the defendant to trial. Rule 1-4D(3) provides that no person shall be held by recognizance without…