State v. McGhee

Court of Criminal Appeals of Oklahoma

State v. McGhee

1931 OK CR 182, 298 P. 896, 50 Okla. Crim. 393, 1931 Okla. Crim. App. LEXIS 191

CourtCourt of Criminal Appeals of Oklahoma

DecidedApril 11, 1931

DocketNo. A-7771.

StatusPublished

Cited by2 cases

This text of 1931 OK CR 182 (State v. McGhee) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. McGhee, 1931 OK CR 182, 298 P. 896, 50 Okla. Crim. 393, 1931 Okla. Crim. App. LEXIS 191 (Okla. Ct. App. 1931).

Pincite

Opinion

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.

For the reason stated, the appeal is dismissed.

DAVENPOBT, J., concurs. EDWABDS, J., absent, not participating.

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