State v. Dewey

Citations

• 73 Kan. 735
• 85 P. 796
• 1906 Kan. LEXIS 312

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Continuance—Discharge—Waiver. A person under indictment and held to bail who claims the right to be discharged because he has not been brought to trial before the end of the third term of court held after the indictment was found or information filed must bring himself within the spirit and intention of the statute in order to be entitled to its benefits. His rights under the statute may be waived. If he has consented to a continuance of his cause at the third or any subsequent term, or failed to object to such continuance made when he was present, such teim cannot be claimed by him as one of the terms at which he should have been brought to trial. (See post, p. 739.)</p> <p>2. -Discharge — Acquittal. The discharge of a person under indictment when not. brought to trial, as provided in section 221 of the code of criminal procedure (Gen. Stat. 1901, § 5666), amounts to an acquittal of the offense charged.</p> <p>SYLLABUS BY THE COURT.</p> <p>Criminal Law — Continuance — Discharge—Statute Construed. In determining whether a person under indictment and held to bail is entitled to be discharged under section 221 of the • code of criminal procedure (Gen. Stat. 1901, § 5666), it is proper to count the terms of court held after indictment found or information filed, omitting any term at which the delay happened upon his application. Any term at which he has consented to the delay or postponement cannot be claimed as one at which he should have been brought to trial; but a postponement or delay ordered by the court cannot be regarded as happening on his application merely because he fails to object.</p>