State v. Hecht

Citations

• 90 Kan. 802
• 136 P. 251
• 1913 Kan. LEXIS 310

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Trial Delayed Beyond Third Terra — “Want of Time” — Rights of Defendant. The statute providing for the discharge of a defendant who is not brought to trial before the end of the- third term of court after the information is filed is qualified by exceptions therein excluding from its operation a delay happening upon his application or occasioned by want of time to try the cause at such third term. (Crim. Code, § 221.) The latter clause refers to the time that can be reasonably given for the trial, consistent with an orderly assignment of causes and diligent dispatch of business.</p> <p>2. --- Same. A continuance was ordered at the third term held after the information had been filed. The entry recited that the continuance was ordered because of the illness of the county attorney which prevented him from trying the cause at that term. Notwithstanding this finding the district court did not err in considering affidavits at the next term upon a motion to discharge the defendant, to determine the fact whether the illness of the county attorney at the third term left sufficient time to try the cause within the rules above stated.</p>