State v. George

Meyer, J.:

Wayman L. George (defendant) appeals the trial court’s failure to dismiss a prosecution for driving under the influence of alcohol (K.S.A. 8-1567) on statutory speedy trial grounds.

Defendant was arrested on August 6, 1982. Prosecution was commenced and a jury summoned. That jury was unable to reach a verdict, and a mistrial was declared on December 13, 1982.

A second trial was scheduled April 18, 1983, but a principal State’s witness, the arresting officer, was unavailable. The court granted a continuance to May 23, 1983. On that date, the parties and counsel were present, but jurors…