Oklahoma v McGhee

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Oklahoma v McGhee
1931 OK CR 182
298 P. 896
50 Okl.Cr. 393
Decided: 04/11/1931
Oklahoma Court of Criminal Appeals

(Syllabus.)

Time of Trial and Continuance Right to Dismissal for Delay in Prosecution.

Page 394

Appeal from District Court, Ottawa County; J.J. Smith, Judge.

Criminal prosecution by the State against Q.P. McGhee on an information charging the defendant with unlawfully aiding a prisoner to escape. Defendant's motion to dismiss the prosecution because of State's failure to bring the case to trial within the time required by law was sustained, and the State appeals. Appeal dismissed.

Perry Porter, for defendant in error.

CHAPPELL, J. The defendant filed his motion to dismiss the case, for the reason that more than six terms of court had passed since the information was filed, and the state had failed to try said cause, although defendant was present at each term of court demanding such trial.

The trial court heard evidence on this motion, and found that more than six terms of court had passed since the information was filed, and that defendant had been present demanding trial, and that the state had shown no sufficient cause why said case had not been tried, and thereupon dismissed the case.

No briefs have been filed by the state, and no appearance made for oral argument. An examination of the record discloses that the case was properly dismissed for failure of the state to prosecute within the time required by law.

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