State v. Hassard, Jr.

OPINION OP THE COURT BY

MIZUHA, J.

Defendant-appellant Charles Kahale Hassard, Jr. was first indicted on April 4,1960, for carnal abuse of a female under twelve. R.L.H. 1955, § 309-20. Upon objection that defendant’s wife was called to testify before the grand jury, a nolle prosequi was filed. On June 9, 1960, the defendant was reindicted for the same offense. On June 22, 1960, defendant filed a “Motion to Discharge and Dismiss Defendant” averring that he had not been taken before a qualified magistrate for examination within forty-eight hours from and after his arrest. The motion was denied.…