Killian v. Page

Court of Criminal Appeals of Oklahoma

Killian v. Page

1967 OK CR 74, 427 P.2d 442, 1967 Okla. Crim. App. LEXIS 336

Court of Criminal Appeals of Oklahoma·Decided April 26, 1967·No. No. A-14224·Published

Opinion

MEMORANDUM OPINION

NIX, Presiding Judge.

This is an original proceeding in which the petitioner, Johnny W. Killian, seeks a writ of habeas corpus from this Court, alleging that he was denied his right to a speedy trial.

This petition must fail on its face, as petitioner states that he was on bail during the pendency of his case. The law is clear that while on bail, a defendant must make a written demand for a speedy trial, and where this is not done, his right to a speedy trial is deemed waived.

The writ of habeas corpus is accordingly denied.

BUSSEY and BRETT, JJ., concur.

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MEMORANDUM OPINION

NIX, Presiding Judge.

This is an original proceeding in which the petitioner, Johnny W. Killian, seeks a writ of habeas corpus from this Court, alleging that he was denied his right to a speedy trial.

This petition must fail on its face, as petitioner states that he was on bail during the pendency of his case. The law is clear that while on bail, a defendant must make a written demand for a speedy trial, and where this is not done, his right to a speedy trial is deemed waived.

The writ of habeas corpus is accordingly denied.

BUSSEY and BRETT, JJ., concur.

Killian v. Page, 1967 OK CR 74, 427 P.2d 442, 1967 Okla. Crim. App. LEXIS 336 (Okla. Ct. App. 1967).

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