[DOWNLOAD] "State v. Duke" by Court of Criminal Appeals of Oklahoma ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Duke
- Author : Court of Criminal Appeals of Oklahoma
- Release Date : January 18, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
1 On September 28, 1976, John Barry Duke, hereinafter referred to as defendant was charged in Case No. CRM-76-1251 with commission of the crime of Assault and Battery Upon a Police Officer, in violation of 21 O.S. 1971 § 649 [21-649]. On October 5, 1976, the defendant was arraigned and entered a plea of not guilty. Then on October 12, 1976, the defendant filed a motion to set aside the information and a hearing on that motion was held on October 19, 1976. During that hearing the trial court received a stipulation of facts from counsel of the parties that the District Attorneys Office had in its possession on June 19 or June 20, 1976, police reports that the defendant had committed assault and battery upon the person of David A. Orewiler on June 19, 1976, in Tulsa, Oklahoma. At the hearing the trial court sustained the defendants motion to set aside the information, pursuant to 22 O.S. 1971 § 493 [22-493], because of the fact that the defendant was denied his constitutional right to a speedy trial. At the close of the hearing counsel for the State gave notice in open court of its intention to appeal the trial courts ruling. The State filed its notice of intent to appeal and designation of record on October 22, 1976. From a judgment for the defendant setting aside the information, the State has brought this timely appeal as authorized by 22 O.S. 1971 § 1053 [22-1053], § 1.