State v. Wolfe

OWEN, Judge.

The State appeals an order of discharge entered pursuant to Rule 3.191 CrPR., 33 F.S.A. We reverse.

Appellee, John Eric Wolfe, was charged with the crime of assault with intent to commit murder in the second degree upon Barbara McAdoo. He was taken into custody on this charge on November 5, 1971, and within two weeks he was arraigned and a trial date set for January 17, 1972. In January, 1972 the State moved for and obtained an order granting a continuance on the ground that an essential witness, Barbara McAdoo, was unable to attend trial because she was then hospitalized in…