State v. Lambert
| Decision Date | 12 May 1924 |
| Docket Number | No. 3588.,3588. |
| Citation | 262 S.W. 58 |
| Parties | STATE v. LAMBERT et al. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Taney County; Fred Stewart, Judge.
Charley Lambert and another were convicted of the unlawful possession of a still, and they appeal. Reversed and remanded.
W. R. Adams, of Forsyth, for appellants. Robt. L. Gideon, Pros. Atty., of Forsyth, for the State.
Defendants were tried on a charge of unlawfully having in their possession a still, were found guilty by the jury, and then appealed.
It appears from the record in this court that there were two eases pending against these defendants at the same time. They were arraigned in this case, pleaded not guilty, and announced ready for trial. When this plea and announcement were made they thought they were pleading in the other ease. They discovered the error immediately and then called the attention of the court to the fact that they had pleaded and announced ready in this case by mistake, and filed an. application for a continuance, alleging the mistake, and further that they had not been arrested in this case nor had they been recognized to appear in it. The court evidently found the fact that they had not been arrested or recognized to appear to be correct, for he immediately overruled the motion and coupled with it an order to the sheriff to take the defendants into custody and hold them pending further orders of the court. The information against defendants was then amended, and they were again arraigned after the amendment, at which time they refused to plead, and renewed their application for a continuance to enable them to prepare for trial. This was overruled and plea of not guilty entered by order of the court, and the defendants forced into trial at once. All of this occurred on the same day. The only question for our consideration is whether, under the facts here shown, the court erred in forcing defendants into trial on the day they were arrested, when defendants were insisting upon being given time to prepare for trial.
Courts and officers are to be commended for all reasonable efforts made by them to see that the trial of eases is not unreasonably delayed, but it must also be borne in mind that a party charged with a crime is entitled to a fair opportunity to prepare his defense. In civil cases the law fixes a time by requiring service of summons a certain length of time before the first day of court at which the defendant lo required to appear. The...
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State v. Massey
...Harper v. United States, 143 Fed. (2d) 795; State v. Messino, 325 Mo. 743, 30 S.W. (2d) 750; State v. Davis, 161 S.W. (2d) 973; State v. Lambert, 262 S.W. 58; State v. Crump, 274 S.W. 62; State v. Jennings, 326 Mo. 1085, 34 S.W. (2d) 50; Fourteenth Amendment to the Constitution of the Unite......
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...66 S.W.2d 854; State v. Barr, 78 S.W.2d 104. (5) The court did not err in overruling appellant's application for continuance. State v. Lambert, 262 S.W. 58; State v. Salts, 56 S.W.2d 21; State Lonon, 56 S.W.2d 378; State v. Naylor, 40 S.W.2d 1079; State v. Dalton, 23 S.W.2d 1; State v. Jenn......
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State v. Massey
... ... overruling appellant's application for a continuance, nor ... was appellant deprived of his constitutional rights ... Harper v. United States, 143 F.2d 795; State v ... Messino, 325 Mo. 743, 30 S.W.2d 750; State v ... Davis, 161 S.W.2d 973; State v. Lambert, 262 ... S.W. 58; State v. Crump, 274 S.W. 62; State v ... Jennings, 326 Mo. 1085, 34 S.W.2d 50; Fourteenth ... Amendment to the Constitution of the United States. (9) The ... court did not err in denying appellant's request to ... declare a mistrial and to discharge the jury. 23 C.J.S., ... ...
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