State v. Miller

Citations

• 72 Wash. 154
• 129 P. 1100
• 1913 Wash. LEXIS 1422

Syllabus

<p>Criminal Law — Trial—Right to Speedt Trial — Statutes-—Construction. Rem. & Bal. Code, §2312, providing for tbe dismissal of a criminal charge if the accused be not brought to trial within 60 days after the indictment found or information filed, is satisfied if his first trial is had within such time, and does not require that, after appeal and reversal of a judgment of conviction, a second trial shall be had within sixty days after the remittitur has gone down to the lower court.</p> <p>. Same — Waiver of Right. The right to a speedy trial, within Const., art. 1, § 22, and Rem. & Bal. Code, § 2312, providing for the dismissal of a criminal charge if the accused be not brought to trial within 60 days after indictment found or information filed, unless good cause is shown for the delay, is waived by failure to ask for a trial and acquiescence in the delay until the case has been set for trial upon the request of the state, where the state did not act arbitrarily and had a plausible excuse for the delay.</p>