Indiana Supreme Court May 28, 1970, 369S52 (Fossey v. State)

Hunter, C.J.

Appellant was charged by affidavit on August 4, 1966 on three counts, — second degree burglary, theft and safe burglary. Trial resulted in the conviction of appellant on the charges of second degree burglary and theft. On this appeal, appellant seeks to have the cause dismissed on the ground that his right to a speedy trial was violated under the holding of

Smith

v.

Hooey,

393 U. S.