Opinion
No. 30,874.
Filed December 7, 1965.
CRIMINAL LAW — Speedy Trial — 6 Months Rule. — Supreme Court rule providing for the trial of a defendant within six months from the date of charge not applicable to defendant who was charged with the crime of murder several months before the rule was adopted.
Original action by the State of Indiana on relation of Harvey R. Harris seeking a writ of prohibition against the Porter Circuit Court and Alfred J. Pivarnik, as judge thereof and asking that he be discharged under Rule 1-4D of the Supreme Court. Petition denied.
Max Cohen, of Gary, for relator.
Henry S. Kowalczyk, William A. Kowalski, and Raymond C. Sufana, of Crown Point, for respondent.
This is a case in which the relator was charged by way of indictment with the crime of murder in the respondent court. He files his petition for a writ of prohibition asking to be discharged under Rule 1-4D. The charges were filed against the relator on December 2, 1964. Rule 1-4D became effective on July 1, 1965. He claims that the above rule is applicable to his case pending at the time of the effective date of the rule.
On the authority of the case of State ex rel. Uzelac v. Lake Criminal Court, decided this 7th day of December, 1965, the petition is denied.
Achor, J., not participating.
NOTE. — Reported in 212 N.E.2d 160.