How have the courts treated the issue of wilfullness in a motion for a speedy trial?

A primary contention argued by appellant is that the instruction on the issue of wilfullness was inadequate and incorrect for the reason that the court did not include the words 'bad purpose' or 'evil motive,' as requested. He argues that United States v. Bishop,

Page 693

Appellant argues that he was denied a speedy trial in that eight months elapsed between the date of the offense and the indictment, and a delay of 11 months between indictment and trial. The record shows that there was no attempt by the government to delay the trial and no assertion by appellant of denial of a speedy trial until the morning of the trial. Moreover, appellant has not shown any prejudice as a result of the claimed delay. United States v. Marion, 404 U.S. 307, 92 S.Ct. 455, 30 L.Ed.2d 468 (1971) holds that the guarantee of a speedy trial is applicable only after a person has been accused of a crime. The delays as shown by the record here do not justify appellant's speedy trial argument under the rule as set out in Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972).