{
  "id": 1624109,
  "name": "Larry BURNS v. BRADLEY COUNTY CIRCUIT COURT and Honorable G. B. COLVIN, Jr., Judge Thereof",
  "name_abbreviation": "Burns v. Bradley County Circuit Court",
  "decision_date": "1973-05-14",
  "docket_number": "CR 73-30",
  "first_page": "469",
  "last_page": "471",
  "citations": [
    {
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      "cite": "254 Ark. 469"
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      "cite": "494 S.W.2d 120"
    }
  ],
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    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
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      "cite": "252 Ark. 414",
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      "cite": "56 S.W. 2d 1030",
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      "reporter": "S.W.2d",
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    {
      "cite": "186 Ark. 926",
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      "cite": "91 S.W. 8",
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    {
      "cite": "77 Ark. 148",
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    {
      "cite": "33 Ark. 191",
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    {
      "cite": "131 S.W. 873",
      "category": "reporters:state_regional",
      "reporter": "S.W.",
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    {
      "cite": "96 Ark. 332",
      "category": "reporters:state",
      "reporter": "Ark.",
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  "last_updated": "2023-07-14T22:26:13.512056+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Larry BURNS v. BRADLEY COUNTY CIRCUIT COURT and Honorable G. B. COLVIN, Jr., Judge Thereof"
    ],
    "opinions": [
      {
        "text": "J. Fred Jones, Justice.\nOn July 23, 1971, Larry Burns was charged with the crime of arson by information filed by the prosecuting attorney in the Bradley County Circuit Court. He invokes the original jurisdicdon of this court under Art. 7, \u00a7 4, of the state Constitution by a petition for a writ of prohibition directed to the Bradley County Circuit Court prohibiting that court from putting him to trial on the charge against him.\nBurns contends that three terms of the Bradley County Circuit Court have expired since information was filed against him; that he has been denied his constitutional rights to .a speedy trial and is now entitled to discharge under Ark. Stat. Ann. \u00a7 43-1708 (Repl. 1964). Apparently the petitioner was held to bail and if so, Ark. Stat. Ann. \u00a7 43-1709 (Repl. 1964.) rather than \u00a7 43-1708 would apply. These two sections of the statute read as follows:\n\u201c43-1708 \u2014 If any person indicted for any offense, and committed to prison, shall not be brought to trial before the end of the second term of the court having jurisdiction of the offense, which shall be held after the finding of such indictment, he shall be discharged so far as relates to the offense for which he was committed, unless the delay shall happen on the. application of the prisoner.\n43-1709 \u2014 If any person indicted' for any offense, and held to bail, shall not be brought to trial before the end of the third term of the court in which such indictment is pending, which shall be held after the finding of such indictment, and such holding to bail on such indictment, he shall be discharged, so far as relates to such offense, unless the delay happened on his application.\u201d\nThe terms of the Bradley County Circuit Court commence on the first Monday in February and second Monday in September each year. Ark. Stat. Ann. \u00a7 22-310 (Repl. 1962). The petitioner\u2019s tri\u00e1l was set for April 12, 1973, so whether the petitioner was held in prison or committed to bail, the designated terms had expired on February 5, 1973, when he filed a motion in the trial court to dismiss the charges filed against him.\nIt will be noted that under \u00a7\u00a7 43-1708 \u2014 1709, supra, the accused is entitled to discharge upon the expiration of the terms indicated unless the delay happened on his application. In overruling the petitioner\u2019s motion to dismiss, the trial court found \u201cthe defendant has caused the delay of the trial of this cause by reason of filing motions to which the state has responded.\u201d\nIt would serve no useful purpose to set out the various motions filed by the petitioner but between July 27, 1971, and November 2, 1972, he filed seven motions and supplements thereto primarily for bills of particulars. The one filed on November 2, 1972, was designated \u201cMotion to Suppress\u201d in which he prayed for an evidentiary hearing. The last paragraph of this motion reads as follows:\n\u201cWherefore, for reasons stated herein, the Defendant, Larry Burns, prays this Court grant him an evidentiary hearing of the matters set out herein and that he not be put to trial until after these matters have been determined by this honorable Court.\u201d (Emphasis added).\nWhether the delay under \u00a7\u00a7 43-1708 \u2014 1709, supra, happens on the application of the prisoner or person indicted, is a question of fact for determination by the trial court and is not.a proper matter for the exercise of the original jurisdiction of this court through writ of prohibition. In Jones v. Coffin, 96 Ark. 332, 131 S.W. 873, we said:\n\u201cThe writ of prohibition \u2018is never granted unless the inferior tribunal has clearly exceeded its authority, and the party applying for it has no other protection against the wrong that shall be done by such usurpation.\u2019 Russell v. Jacoway, 33 Ark. 191.\u201d\nSee also Kastor v. Elliott, 77 Ark. 148, 91 S.W. 8; Crowe v. Futrell, 186 Ark. 926, 56 S.W. 2d 1030. For our latest word on this point see Slitter v. Ponder, 252 Ark. 414, 479 S.W. 2d 567.\nThe petition is denied.",
        "type": "majority",
        "author": "J. Fred Jones, Justice."
      }
    ],
    "attorneys": [
      "Huey & Vittitow, for petitioner.",
      "Jim Guy Tucker, Atty. Gen., by: James W. Atkins, Asst. Atty. Gen., for respondents."
    ],
    "corrections": "",
    "head_matter": "Larry BURNS v. BRADLEY COUNTY CIRCUIT COURT and Honorable G. B. COLVIN, Jr., Judge Thereof\nCR 73-30\n494 S.W. 2d 120\nOpinion delivered May 14, 1973\nHuey & Vittitow, for petitioner.\nJim Guy Tucker, Atty. Gen., by: James W. Atkins, Asst. Atty. Gen., for respondents."
  },
  "file_name": "0469-01",
  "first_page_order": 491,
  "last_page_order": 493
}