Volume 267 — Indiana Reports

1. CRIMINAL LAW — <italic>Speedy Trial Rule — Motion for Discharge</italic> <italic>Improperly Denied on Basis That Defendant Was Serving Old</italic> <italic>Sentence.</italic> — Fact that incarceration during post-arraignment period may also be required by an order in another case does not render Ind. R. Crim. P. 4(B), which provides procedure for early trial inapplicable. Where defendant was arraigned three days before motion for early trial was filed, trial court's denial of motion for discharge could not be supported on basis that defendant was serving an old sentence for burglary at the same time that he was awaiting trial on the present charges. p. 163. 2. CRIMINAL LAW — <italic>Request for Early Trial — Delay Due to</italic> <italic>Congested Court Calendar.</italic> — Where delay in early trial proceeding may be caused by court calendar congestion, trial judge may note such congestion on his own motion and act upon it even though the prosecutor files no motion presenting the matter to the trial court as required by Ind. R. Crim. P. 4(B). p. 164. 3. CRIMINAL LAW — <italic>Ind. R. Crim. P. 4 — Speedy Trial Rule.</italic> — Ind R. Crim. P. 4 exists in order to compliment the basic right to speedy trial of those accused of crime and who are therefore in confinement or restrained on recognizance and criminal justice must be administered by the courts with the highest regard for this constitutional right. p. 165. 4. CRIMINAL LAW — <italic>Speedy Trial Rule — Setting of Civil Trials</italic> <italic>Superceded by Criminal Trials.</italic> — Civil settings must give way to criminal settings required by time limitations and Ind. R. Crim. P. 4, where continuance of the civil trial will result in sufficient time to fully prepare for and accommodate the criminal trial. p. 165.<page_number>Page 161</page_number> 5. CRIMINAL LAW — <italic>Request for Early Trial — Motion Properly</italic> <italic>Denied Due to Congestion of Court Calendar.</italic> — Since continuance of civil cases set for trial during 70-day period after accused made demand for early trial would not necessarily have accommodated trial of defendant's case because continuance of civil matters would not guarantee a courtroom or a jury for trial of defendant's case, retention of trial date after 70 day speedy trial period was justified and trial court properly denied motion for discharge for delay in trial because of the absence of time to try defendant as a result of congestion of court calendar. p. 165. 6. CRIMINAL LAW — <italic>Photographic Identification.</italic> — Generally, for a photograph to be admissible it is first necessary to establish that it is a true and correct representation of the thing which it intends to portray, however, not every discrepancy between the photograph and its subject will warrant the photograph's exclusion. p. 166. 7. CRIMINAL LAW — <italic>Photographic Identification — Intensity of</italic> <italic>Lighting at the Scene.</italic> — It is a matter of common knowledge that a certain level of lighting is necessary to photography and that photographs do not accurately depict the intensity of lighting in the scenes photographed. p. 166. 8. CRIMINAL LAW — <italic>Photographic Identification — Photograph</italic> <italic>Admissible Where Artificial Lighting Used.</italic> — Trial court did not err in admitting photographs which were taken with flashbulbs where such were not misleading as to the level of lighting present during the occurrence of the robbery, and where such photographs were useful to the jury in that they depicted the physical surroundings in which the robbery took place. p. 166. 9. APPEAL — <italic>Waiver of Issue for Appeal — Failure to Make the</italic> <italic>Proper Objection.</italic> — The Supreme Court will not, ordinarily consider allegation of error different from those presented to the trial court. p. 167.