Opinion · Supreme Court of Kansas
State v. Smith & Miller
State v. Smith & Miller, 225 Kan. 199 (Kan. 1979)
- Type
- Opinion
- Court
- Supreme Court of Kansas
- Jurisdiction
- Kansas
- Date
- 1979-01-20
- Topic
- general
How later courts describe this case
- considering a delay of 7 months until the defendant’s arraignment
Citator
UpLaw has not yet analyzed State v. Smith & Miller. The absence of a flag is not a finding that it is good law.
- Cited by
- 13 opinions
The opinion of the court was delivered by
Owsley, J.:Defendants have filed a motion for rehearing claiming the court erred in its statement of facts relating to the issue of a speedy trial. The motion has been considered and is hereby denied. Our original opinion, filed October 28, 1978, stated the complaint containing State charges was filed on September 3,1975. Defendants claim the complaint was filed January 10, 1975. Further examination of the complaint reveals it was filed on both the above mentioned dates; however, that alteration in facts does not affect our determination of this issue. As noted in our opinion, defendants alleged prejudice resulting from lack of knowledge of the State charges. This encompassed the time period from January 6, 1975, the date of the crime, until June, 1975, when defendants received notice of the State charges pending against them. During that time defendants were tried and sentenced in federal court. This misstatement of facts does not affect our findings as to the issue of speedy trial.
Wé adhere to the original opinion except as herein modified.