(DOWNLOAD) "State v. Powell" by Supreme Court of Kansas * Book PDF Kindle ePub Free
eBook details
- Title: State v. Powell
- Author : Supreme Court of Kansas
- Release Date : January 02, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
The opinion of the court was delivered by 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 on June 12, 1973, and
was brought to trial on September 24, 1973, just 103 days later.
The issue is whether as many as 13 of those days are chargeable
to the defendant as being the result of his "application or
fault."