Castle v. State

Appellant was convicted of assault under an affidavit charging the crime of rape. Appellant was fined $500.00 and sentenced to six months’ imprisonment.

Appellant first contends on this appeal that the trial court erred in overruling his motion for a discharge because of the running of the three term statute. 1

The facts bearing upon the matter show that the affidavit charging rape was filed on April 12, 1955, which was during the February term of court for 1955, and appellant was arrested on said date. On April 14, appellant pleaded not guilty and requested trial by jury. On said date he also…