(Download) "Allcorn v. State" by Supreme Court of the State of Oklahoma ~ eBook PDF Kindle ePub Free
eBook details
- Title: Allcorn v. State
- Author : Supreme Court of the State of Oklahoma
- Release Date : January 25, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
2 It is defendants first contention that the trial court abused its discretion in overruling a Motion For Continuance, filed by defendants counsel on the 26th day of March, 1963 (the day of trial). In the Motion For Continuance, counsel for defendant asserted that he had been employed on the previous day (the 25th day of March, 1963) and had not had adequate time to prepare his defense. From the record it appears that the defendant was arraigned in the District Court the 4th day of December, 1961, and that he had been represented by Mr. E.E. Thompson during this period of time and until Thompson notified him on the 5th day of February, 1963, that by reason of ill health, Thompson was withdrawing from the case and defendant was advised, at that time, to secure the services of another attorney. On the 13th day of February, 1963, Mr. Russell E. Moss, of Tulsa, Oklahoma, filed, on behalf of the defendant, a Motion to Dismiss this cause. Hearing was held on the 21st day of February, 1963, at which time Mr. Moss advised the Court that he had been employed only for the purpose of presenting the Motion To Dismiss, and at which time the trial Judge, after denying the Motion To Dismiss, advised Moss that the case would be set for trial in the immediate future. It further appears that this cause was set for the 19th day of March, 1963, and that when neither the defendant nor counsel appeared on that date, the trial court entered an order forfeiting bond; issued a bench warrant for the defendant and reset the trial date for the 26th day of March, 1963, at which time defendant appeared in open court and by counsel, Mr. James P. Goeppinger of Tulsa, Oklahoma, filed this Motion For Continuance. It further appears that subsequent to being released on bond, defendant moved to Jackson, Mississippi, where he maintained his residence at the time of trial.
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