122 P. 1116 | Okla. Crim. App. | 1912
Lead Opinion
The first ground relied upon to secure a reversal of the judgment in this cause is that the court erred in overruling a motion made by appellant to dismiss this prosecution upon the ground that he was not brought to trial at the next term of the court in which said cause was triable after the information was filed against him, and that said cause was not continued on the application of appellant, and that no good cause was shown for such postponement of his case. This motion was based upon the following sections of our statutes (Comp. Laws 1909):
"Sec. 7047. When not brought to trial. — If a defendant, prosecuted for a public offense, whose trial has not been postponed upon his application, is not brought to trial at the next term of court in which the indictment is triable after it is found, the court must order the prosecution to be dismissed, unless good cause to the contrary be shown.
"Sec. 7048. Court may order continuance. — If the defendant is not prosecuted or tried, as provided in the last two sections, and sufficient reason therefor is shown, the court may order the action to be continued from term to term, and in the meantime may discharge the defendant from custody, on his own undertaking or on the undertaking of bail for his appearance to answer the charge at the time to which the action is continued."
In support of this ground, counsel in their brief say:
"In People v. Morino,
We are disposed to accept the statement contained in the brief of counsel, with some additions, as a correct statement of the law. The trouble in this case is that the record does not sustain the position assumed. When this motion was presented to the trial court, appellant did not prove or attempt to prove that the case had not been postponed upon his application or with his consent. Until appellant had done this, it was not necessary for the state to prove that good cause existed for such postponements.
Where a defendant wishes to avail himself of the provisions of our statute above quoted, he must demand a trial and object to a postponement or continuance of the case. If he does not do this, he will be held in law to have waived his right to demand a dismissal of the case on the ground of such postponements. Where he does this, the burden is then on the state to prove that good cause existed for the postponements complained of. The case of McLeod v. Graham,
Penal laws are not enacted for the encouragement of crime and the protection of criminals, but they are enacted for the sole and express purpose of punishing and suppressing crime and thereby protecting society, and it is the paramount duty of courts to so construe them as to promote this purpose.
An examination of the decisions of this court will show that other questions presented in the brief of counsel for appellant have all been decided against the contentions therein made. It is therefore not necessary to discuss them. Lawyers who practice in this court should keep themselves informed as to the decisions which it makes.
The judgment of the lower court is therefore in all things affirmed.
ARMSTRONG and DOYLE, JJ., concur.
Addendum
We appreciate the earnestness and zeal manifested by counsel for appellant, and, if we could spare the time, we would set this motion for a rehearing down for oral argument. The trouble is that, if we hear oral arguments on motions for rehearing, it would practically double our work, and it would be impossible for us to dispose of the vast volume of business upon our docket. We have therefore been compelled to adopt the rule of only hearing oral arguments on motions for a rehearing in cases of the greatest magnitude, or where the court may be in doubt as to the questions involved. The questions involved in this case have been repeatedly considered by this court. Public interests require the statutes of the state *242 should receive a fixed and stable construction, and that which has been deliberately decided should not be changed, unless clearly shown to be wrong. Such are the many infirmities and imperfections of human nature that it is always possible that witnesses may have sworn falsely or have been mistaken with reference to that to which they have testified, and that juries may have misunderstood the testimony or the instructions of the court or may have arrived at improper conclusions, and that courts, both trial and appellate, may be mistaken in their rulings and decisions. Therefore, if the law required mathematical certainty in judicial proceedings, no verdict and no judgment could stand. It is possible in any given case that a defendant may have been improperly convicted. All that the law could require is that juries and courts should be satisfied to a moral certainty as to their verdicts and judgments.
We have given the questions involved in this case our most careful attention, and we can see no reason why a rehearing should be granted. The motion for a rehearing is therefore denied.