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STATE v. HENRY

No. 1-974A141.

323 N.E.2d 258 (1975)

STATE of Indiana, Plaintiff-Appellant, v. Ernest W. HENRY, Defendant-Appellee.

Court of Appeals of Indiana, First District.

February 27, 1975.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Wesley T. Wilson, Deputy Atty. Gen., Indianapolis, for plaintiff-appellant.

Melvin R. Lind, David H. Coleman, Lind, Deckard, O'Brien & Lawson, Danville, for defendant-appellee.

Before ROBERTSON, C.J., and LOWDERMILK and LYBROOK, JJ.

PER CURIAM.

The State appeals from the trial court's granting of Henry's motion for discharge pursuant to Indiana Rules of Procedure, Criminal Rule 4.

We find that the trial court erred.

On April 23, 1973, Henry was charged with three counts of carrying a firearm without a permit and was released on his own recognizance. On August 1, 1973, the State filed a praecipe for trial, advising the court that, under C.R. 4, the time limit for prosecution ended...

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