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ACTUAL NOTICE Finally, defendant claims that because the State did not give him actual notice that his case was dismissed prior to trial and that he was being prosecuted only for the dismissed charges, he was denied his statutory right to a speedy trial and therefore his conviction should be reversed. Neb.Rev.Stat. § 29-1207(4)(e) (Reissue 1989) provides in part: If the defendant is in custody and no indictment is returned against him within thirty days, he shall be discharged *588 on demand of the defendant or petition for discharge by the court.... A motion for discharge under this section shall be in writing and shall be served on the county attorney, or other counsel representing the State of Nebraska, or, if the defendant is proceeding pro se, the defendant shall personally serve the motion on the county attorney or other counsel representing the State of Nebraska, or on the clerk or secretary of the court, in which the defendant is being prosecuted.... The above section is inapplicable because defendant was not in custody when the case was dismissed. While the term "custody" has not been defined as to hold one "in custody," it is plain that there must be some restraint on or supervision of the person. See, People v. Motes, 57 Cal.App.3d 703, 129 Cal.Rptr. 88 (1976); Black's Law Dictionary, 473 (5th ed. 1979); Burgess v. State, 44 Ala.App. 571, 216 So.2d 708 (1968). In Lewis v. State, 581 P.2d 972 (Wyo.1978), the court concluded that "[t]he detention inherent in a criminal charge of the nature here involved is itself an arrest or restraint upon one's liberty What's New In? Thomas Brown Thomas Brown may refer to: Thomas Brown (composer) (c. 1585–1656), English composer Thomas Brown (Jesuit) (1549–1627), English friar and the author of Christianity not Mysterious Thomas Brown (barrister) (1828–1907), British barrister Thomas Brown (English artist) (1832–1916), English artist Thomas Brown (Australian artist) (1857–1937), Australian artist Thomas Brown (Chinese artist) (1861–1939), Chinese artist Thomas Brown (British artist) (1864–1925), English artist Thomas F. Brown (1914–1980), American attorney and politician Thomas Wesley Brown (1880–1965), British writer and scholar of astrology Tom Brown (1830–1866), American Civil War figure who is often referred to as Thomas Brown Tom Brown's School (book), 1840 novel by Thomas Hughes Tom Brown's Schooldays, 1857 novel by Thomas Hughes, the basis for the 1953 film Tom Brown's School Days (film), a 1997 film based on the book Tom Brown's Schooldays (film), a 1958 film based on the book Thomas Brown (playwright) (1899–1931), Scottish dramatist Thomas J. Brown (1890–1958), American architect and designer Tom Brown (rugby league), a rugby league footballer who played in the 1950s and 1960s Tom Brown (American football), an American football and college football player and coach See also Tommy Brown (disambiguation) Thomas Browne (disambiguation) Brown, ThomasNorman R. Poe, D.M.A., B.S.W.T., L. S.B.A., Past Ed. 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