State v. Seright
| Decision Date | 17 January 1908 |
| Court | Washington Supreme Court |
| Parties | STATE v. SERIGHT. |
Appeal from Superior Court, Spokane County; Wm. A. Huneke, Judge.
Edna Seright was convicted of aiding and assisting a person to commit rape, and appeals. Affirmed.
Nuzum & Nuzum, for appellant.
R. M Barnhart and A. J. Laughon, for the State.
The appellant was informed against, tried, and convicted for aiding and assisting one John Grim in the commission of the crime of rape. From the sentence pronounced against her she appeals. It appears that the appellant was first arrested on October 17, 1906, on a warrant issued by a committing magistrate. An examination was held on the charge on October 17, 1906, at which time the magistrate found that there was reasonable cause to believe her guilty of the crime charged and bound her over to answer to the superior court of Spokane county whenever the same should be prosecuted ordering her to enter into a recognizance with sufficient sureties for her appearance therein in a penal sum named, and stand committed until such recognizance was furnished. She did not enter into the recognizance, and was committed to the county jail. An information was filed against her in the superior court on January 5, 1907. At that time she was brought before the court, arraigned on the information, and asked if she was ready to plead thereto. Thereupon she pleaded not guilty, and the cause was set down to be tried on January 14, 1907. On that day the court continued the cause until January 17, 1907. On January 17th, she filed a motion asking that the cause be dismissed because the information was not filed against her within 30 days after she had been held to answer. The motion was denied, whereupon a trial was had, with the result before stated. The ruling of the court on the motion to dismiss constitutes the only error assigned on this appeal.
The statute relating to persons held to answer to a criminal charge provides that, if an indictment be not found or an information filed against a person so held within 30 days after the time the order holding the person is made, 'the court must order the prosecution dismissed, unless good cause to the contrary be shown.' It is the appellant's contention that the failure to find an indictment or file an information within the time prescribed subjects the prosecution to a dismissal whenever a motion is made therefor, no matter at what stage of the case, or what proceeding...
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State v. Pierson
... ... Note what the court said: ... "This ... court also held that even the mandatory statutory provision ... is waived by a failure to ask for a dismissal until just ... before trial. [ State v. Alexander, 65 Wash. 488, 118 ... P. 645. See, also, State v. Seright, 48 Wash. 307, ... 93 P. 521; State v. Lorenzy, 59 Wash. 308, 109 P. 1064, Ann ... Cas. 1912B, 153.]" ... In the ... case before us the record discloses that at appellant's ... request the case was continued a number of terms after July, ... 1935, and not until May, 1936, ... ...
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State v. Thompson
...list of the decisions is as follows: State v. Brodie, 7 Wash. 442, 35 P. 137; State v. Lewis, 35 Wash. 261, 77 P. 198; State v. Seright, 48 Wash. 307, 93 P. 521; State v. Parmeter, 49 Wash. 435, 95 P. 1012; State v. Alexander, 65 Wash. 488, 118 P. 645; State v. Miller, 72 Wash. 154, 129 P. ......
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State v. Edwards
...information filed within 30 days is waived if not exercised before or at the time the defendant is called upon to plead. State v. Seright, 48 Wash. 307, 93 P. 521 (1908). The court reasoned that it was 'manifest that its (the statutes) sole purpose was to procure for the accused a speedy tr......
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State v. Nilnch
... ... day the case was set for trial, and was not called to the ... attention of the court until the case was actually reached ... for trial. The question thus presented has been decided ... adversely to appellant's contention. State v ... Seright, 48 Wash. 307, 93 P. 521; State v ... Alexander, 65 Wash. 488, 118 P. 645; State v ... Miller, 72 Wash. 154, 129 P. 1100. In the Alexander ... Case, supra, this court said: ... [131 Wash. 346] 'After the trial has begun, or when it is ... about to take place, it is ... ...