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Some thing wrong with your sites certificate. You have to use a.crt certificate. If you want to verify the certificate, you’ll need to download the.crt from your hosting provider. under what circumstances a defendant has waived his right to a speedy trial and the problem of discharge of the defendant for lack of a speedy trial. The court stated at page 648 of 57 N.W.2d, at page 661 of 353 P.2d: “* * * That court, after having outlined the policy of the Constitutional guaranty of a speedy trial, observed that it is the duty of the trial court, in determining whether or not the defendant has been denied a speedy trial, to take into consideration the facts in the case and to balance the effect of the delay in securing his release against the interest of the government in bringing him to trial. * * *” To similar effect, see State v. Simpson, 223 Minn. 224, 24 N.W.2d 695. Defendant was released upon his own recognizance on December 4, 1965, and this is the date set forth in his motion to dismiss for lack of a speedy trial. There is no contention that the State failed to take steps to apprehend defendant at any time between the return of the complaint and the date on which he was arrested. Nor is it contended that there has been any gross delay in securing the issuance and return of the search warrant. The only questions presented involve the years 1963 and 1964. The delay from the time of the filing of the search warrant until defendant’s arrest was 33 days and the period between his arrest and his conviction was approximately 1 year and 4 months. It has been held that the period of delay between issuance of a warrant for arrest and actual arrest should be excluded from consideration of whether the defendant has been denied his right to a speedy trial. State v. Knutson, 248 Iowa 744, 81 N.W.2d 522; State v. Hogue, 179 Iowa 714, 161 N.W. 506; State v. Miller, 159 Iowa 688, 140 N.W. 713. In the case last cited, this court said: “* * * [T]he mere issuance of a search warrant does not authorize an immediate arrest, and nothing is gained in the way of expedition of justice by such a procedure. * * *” See also State v. Poggel, 243 Iowa 342, 52 N.W.2d 30. In the present case, it cannot be said that the delay in arresting defendant and obtaining a search warrant was unreasonable or without justification. Defendant was on parole and *569 was, in effect, a fugitive from justice. A search warrant was the only way that the State could obtain a legal right to arrest him. The search warrant was not issued until defendant had been released upon his own recognizance on December 4, 1965. On January 6, 1966, the deputy sheriff took the warrant to the clerk of the district court. At that time the docket book contained the case in which defendant had been released upon his own recognizance. The book was then presented to the magistrate who issued the warrant.
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