State v. Powell

The opinion, of the court was delivered by

Foth, C.:

The defendant, Harrell E. Powell, was convicted of passing worthless checks. In this appeal his sole contention is that he was not brought to trial within the statutory ninety days and his motion for discharge should therefore have been sustained.

Since he was never free on bond, the applicable statute is K. S. A. 1973 Supp. 22-3402 (1), which requires the discharge of an incarcerated defendant after 90 days from arraignment “unless the delay shall happen as a result of the application or fault of the defendant.” Defendant waived arraignment…