60 Wn.2d 168, THE STATE OF WASHINGTON, Respondent, v. ROBERT JOHN UNREIN, Appellant

[No. 35391. Department One.      Supreme Court      June 21, 1962.]

THE STATE OF WASHINGTON, Respondent, v. ROBERT JOHN
                         UNREIN, Appellant.*

[1] CRIMINAL LAW - TRIAL - DISMISSAL OF CAUSE FOR DELAY - EFFECT. The discharge of an accused for want of prosecution, pursuant to RCW 10.46.010, is not a bar to further prosecution for a felony upon the same charge.

Appeal from a judgment of the Superior Court for King County, No. 33477, Lloyd Shorett, J., entered October 28, 1959. Affirmed.

Prosecution for burglary and assault. Defendant appeals from a conviction and sentence.

Henry Opendack, for appellant.

Charles O. Carroll and Richard M. Foreman, for respondent.

PER CURIAM. -

Having been found guilty of charges of burglary in the second degree and assault in the third

* Reported in 372 P. (2d) 547.

[1] See Am. Jur., Criminal Law 402.

 June 1962]     BORNSTEIN SEA FOODS v. STATE.      169

degree, defendant appeals from his judgment and sentence and alleges one assignment of error: that he ". . . was denied his right to a speedy trial . . ."

[1] In a long line of decisions, commencing with State ex rel. Repath v. Caldwell, 9 Wash. 336, 37 Pac. 669 (1894) - the latest being State v. Moore, ante p. 144, 372 P. (2d) 536 (1962) - this court has held that the discharge of an accused for want of prosecution, pursuant to RCW 10.46.010, is not a bar to further prosecution for a felony upon the same charge. RCW 10.43.010.

The judgment is affirmed.