This case involves the timeliness of an indictment. On December 3, 1979, the defendant was arrested for the felony of receiving stolen property. Two weeks later, the defendant was bound over after the Nashua District Court found probable cause. The complaint was then transmitted to the superior court two days later. The Hillsborough County Grand Jury sat on January 2 and February 12, 1980, but the county attorney presented no indictment for the grand jury's consideration. On February 15, the defendant filed a motion to dismiss for lack of speedy trial, which was heard on March 5. The State represented that it did not have the police file even though three months had elapsed since arrest and, further, that there was a delay because of the need to process some juveniles through court. At that hearing the Trial Court (Goode, J.) suggested that by waiving indictment the defendant could obtain a speedy trial. The court then denied the motion but gave no reasons.
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