168 P. 944 | Or. | 1917
delivered the opinion of the court.
A clause of the organic law reads in part:
“No court shall be secret, but justice shall be administered openly and without purchase, completely and without delay”: Const. Or., Article I, § 10, of the Constitution.
Pursuant to such declaration, statutes have been enacted as follows:
“If, when the indictment is called for trial, the defendant appears for trial, and the district attorney is not ready and does not show any sufficient cause for postponing the trial, the court must order the indictment to be discharged, unless, being of opinion that the public interests require the indictment to be retained for trial, it direct it to be so retained”: Section 1517, L. O. L.
“If a defendant indicted for a crime, whose trial has not been postponed upon his application or by his consent, be not brought to trial at the next term of the court in which the indictment is triable, after it is*469 found, the court must order the indictment to be dismissed, unless good cause to the contrary be shown”: Section 1701, L. O. L.
It will be kept in mind that the indictments herein were found and returned in May, 1916, which was at a continuance of the regular preceding November term. The Circuit Court for Grant County, where these causes were pending, is required to be held on the third Mondays of May and November of each year: Section 2812, L. O. L.
In State v. Breaw, 45 Or. 586 (78 Pac. 896), in construing the section of the statute last quoted, it was held that “the next term of the court in which the indictment is triable, after it is found” as there used, meant the term succeeding that at which the formal charge was returned. To the same effect is the case of Gillespie v. People, 176 Ill. 238 (52 N. E. 250).
In speaking of the right of a defendant in a criminal action to a prompt hearing, which is guaranteed by organic law and statutory enactment, a text-writer remarks :
“In theory, at least, the right to a speedy trial may be said to have been recognized at common law in very early times. * * This constitutional provision, adopted from the old common law, is intended to pre*471 vent the oppression of the citizen by holding criminal prosecutions suspended over him for an indefinite time; and to prevent delays in the administration of justice, by imposing on the judicial tribunals an obligation to proceed with reasonable dispatch in the trial of criminal accusations”: 8 R. C. L. 70. See, also, 12 Cvc. 498.
As case No. 2 was not tried at the November term, 1916, it was essential that the order then made should