State v. Pratt
South Dakota Supreme Court
Appeal from Circuit Court, Lyman County. Hon. FRANK B. ■Smith, Judge. Habeas corpus by Henry Pratt to obtain his release from imprisonment on a charge of perjury. From an order denying a writ, petitioner appeals. A party charged with crime has a constitutional right to a speedy trial, and the court has no discretionary -pozver to deny him a right so important, and to prolong his imprisonment without such trial beyond the time provided by law.
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Appeal from Circuit Court, Lyman County. Hon. FRANK B. ■Smith, Judge. Habeas corpus by Henry Pratt to obtain his release from imprisonment on a charge of perjury. From an order denying a writ, petitioner appeals. A party charged with crime has a constitutional right to a speedy trial, and the court has no discretionary -pozver to deny him a right so important, and to prolong his imprisonment without such trial beyond the time provided by law. People v. Morino, 24 Pac. 892. A defendant is entitled to be discharged where his case had not been tried as required by statute. In re McMicken, 18…
1Opinion of the CourtCorson, J.
This is an appeal from an order of the circuit court of Lyman county denying the defendant, Henry Pratt, a writ of habeas corpus. The defendant and petitioner in his petition for a writ stated in substance that on July 5, 1905, a complaint was filed in a justice’s court in Lyman county charging him jointly with two other persons with the commission of the crime of perjury; that he was arrested and on the 10th day of January, brought before the justice, and waiving an examination, he was held to- an*442swer the charge in the circuit court, and his bail fixed at $1,000; that on the 13th day of…
2Cases cited11 opinions
- Davis v. BeasonSupreme Court of the United States · 1890
- SavinSupreme Court of the United States · 1889
- Wales v. WhitneySupreme Court of the United States · 1885
- In Re Luis Oteiza Y CortesSupreme Court of the United States · 1890
- Sennott's CaseMassachusetts Supreme Judicial Court · 1888
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3Cited by8 opinions
- People v. Den UylMichigan Supreme Court · 1948
- State v. ViolettSouth Dakota Supreme Court · 1961
- State Ex Rel. Poach v. SlySouth Dakota Supreme Court · 1934
- State ex rel. Anderson v. JamesonSouth Dakota Supreme Court · 1927
- State Ex Rel. Medicine Horn v. JamesonSouth Dakota Supreme Court · 1960
3 more not listed; retrieve them via the Exa API.