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eBook details

• Title: State v. Mcgowan
• Author : Supreme Court of Montana
• Release Date : January 25, 1942
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

Criminal Law ? Failure to Bring Defendant to Speedy Trial ? Dismissal of Information ? Filing of New Information for - Page 592 Same Offense ? Dismissal of Latter Information Error If Offense Charged be Felony ? Statutes ? Constitutional Law. Criminal Law ? Failure to Bring Defendant to Speedy Trial ? Dismissal of Information ? Filing of New Information for Same Offense ? Dismissal of New Information Error if Offense a Felony. 1. Held, on appeal by the State, in a prosecution for burglary ? a felony ? that where the information was dismissed, under section 12223, Revised Codes, for failure to bring the cause to trial within six months after filing it, and about one month later a second information was filed with leave of court, another judge presiding, charging the same offense, which was also dismissed after demurrer thereto sustained on the ground that the prosecution was barred by the above section, that the second judgment of dismissal was error under section 12229, adopted from the state of California and there declared constitutional, which provides that while prior dismissal of an action for a misdemeanor is a bar to another action for the same offense, it is not a bar if the offense is a felony. Same ? Purpose of Statutes Providing for Speedy Trial ? Constitutional Law. 2. Statutes providing for the discharge of one accused of crime unless trial is had within a stated time after filing of information or indictment, such as section 12223, Revised Codes, are enacted for the purpose of enforcing the constitutional right for a speedy trial (sec. 16, Art. III), constitute a legislative construction or definition of the constitutional provision, and must be construed fairly to accomplish that end. Statutes ? When Only to be Held Unconstitutional. 3. An Act of the legislature will not be held void unless it appears to be so beyond a reasonable doubt.

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