State v. Morgan

Citations

• 84 Kan. 625
• 114 P. 846
• 1911 Kan. LEXIS 382

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Criminal Law — Dismissal—Delay in Trial. The defendants were informed against for libel in May, 1908. Trial was had at the next term of court, resulting in a failure of the jury to agree. On the last day of each of the two succeeding terms an order of forfeiture was taken. No delay was occasioned by the defendants. After the conclusion of the third term application was made for dismissal, apparently under section 221 of the criminal code. The showing made by the state was that the county attorney and two assistants had been ready and anxious for trial, that a setting of the case for trial had been requested, but they had not been able to bring it to trial; that the state and the county attorney were ready at each term, and that two of the affiants believed one reason why the case had not been set for trial was the great volume of business coming before the court. The court dismissed the case and ordered that the defendants be released from further prosecution therein. Held, that the dismissal itself was proper.</p>