Harris v. State

• Decision Date: 28 June 1913
• Citation: 132 P. 1121,9 Okla.Crim. 658,1913 OK CR 160
• Parties: HARRIS v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

132 P. 1121

9 Okla.Crim. 658, 1913 OK CR 160

HARRIS v. STATE.

Court of Criminal Appeals of Oklahoma

June 28, 1913

Syllabus by the Court.

The filing of an amended information in a misdemeanor case operates as an abandonment of the original information, and a subsequent trial is upon such amended information.

While an information may be amended, yet if such amendment operates as a surprise to the defendant reasonable time should be allowed him to prepare for trial.

It is the duty of trial judges and prosecuting attorneys to treat defendants with fairness, and to allow them reasonable opportunity to prepare to defend themselves.

Justice requires that a defendant in a criminal case should be allowed a reasonable opportunity to prepare to make his defense, and that he should be treated with fairness at every stage of the trial.

Appeal from County Court, Atoka County; Baxter Taylor, Judge.

Will Harris was convicted of violating the prohibitory liquor law and his punishment was assessed at a fine of $500 and six months' confinement in the county jail, and he appeals. Reversed.

J. H Gernert and J. G. Ralls, both of Atoka, for appellant.

Smith C. Matson, Asst. Atty. Gen., for the State.

FURMAN J.

The record shows that when this cause was reached and called for trial the state announced ready for trial, and the defendant announced not ready for trial; that thereupon the county attorney asked permission to amend the information, and also to indorse the names of nine additional witnesses on the amended information, which requests were by the court granted, to all of which the defendant objected and pleaded surprise, and stated that he could not safely go to trial without having some time to inform himself as to what the testimony of the nine additional witnesses would be and prepare to meet the same, and requested that the court grant him time to make investigation of these matters, all of which was by the court overruled. The record further discloses the fact that an amended information was filed, and that the defendant demurred to the same, which demurrer was by the court overruled, to which appellant excepted; that the defendant then asked to be allowed 24 hours in which to plead to the amended information, which request was by the court overruled; and that the defendant was required to plead to said amended information, which he declined to do. Thereupon the court ordered that a plea of not guilty be entered for him, and that the trial should proceed. But the record does not contain a copy of the amended information or the demurrer thereto, and we are left entirely in the dark as to what it contains.

In the case of Brown v. State, 5 Okl. Cr. 567, 115 P. 615 this court held that by the filing of an amended information in a misdemeanor case the original information is thereby set aside and abandoned.

Without having the amended information before us upon which the appellant was tried, we have no knowledge as to what the accusation against him was; neither are we in a...