State v. Roll

Defendant appeals from an order of the Fourteenth Judicial District Court, Musselshell County, denying his motion to dismiss on grounds that judge, jury and prosecutor failed to appear for trial as originally scheduled. We affirm.

The only issue raised by defendant is whether the District Court erred in denying defendant’s motion to dismiss.

Defendant was charged on December 9, 1982 with felony theft, being accused of stealing two head of cattle. Defendant pleaded not guilty and trial was set for February 22, 1983 at 9:30 a.m. in the Musselshell County Courthouse. On January 25, 1983, defendant…