State v. Burton

DIXON, J.,

concurs in the majority construction of our rules. The application is late because the time for filing writs was extended by the trial court after the expiration of the delay for filing previously fixed. However, our rules and jurisprudence are silent, in a case like this one, on the question whether the defendant might give a new motion of intent to apply, after the first delay has expired, and obtain a new return date in which he might timely file writs on the same matter.