State v. McClain

The opinion of the court was delivered by

Fromme, J.:

The defendant Edward J. McClain was convicted by a jury of two counts of aggravated robbery (K.S.A. 21-3427). On appeal he raises two points of error.

He contends the state failed to bring him to trial within ninety days as required by K.S.A. 22-3402. Defendant’s original trial began on April 19, 1977. On failure of the jury to agree on a verdict a mistrial was declared on April 21, 1977. Defendant remained in jail in default of bond. Ninety-six days later the defendant was brought to trial a second time and the trial resulted in a conviction…