Sims v. State

Appellant was convicted of commission of a felony (robbery) while armed, Ind. Code § 35-12-1-1 (Burns 1975), first degree murder, Ind. Code § 35-13-4-1 (a) (Burns 1975), and involuntary manslaughter, Ind. Code §35-13-4-2 (Burns 1975) (all repealed October 1, 1977). On appeal he contends:(1) that he is entitled to be discharged because he was not tried within seventy days of his motion for an early trial, exclusive of delays attributable to appellant;(2) that the trial court erred in granting the State a continuance based upon an oral motion averring the unavailability of a witness;(3) that…