This case has been cited 1 times or more.
|
2008-09-11 |
CHICO-NAZARIO, J. |
||||
| The power to grant leave to the accused to file a demurrer is addressed to the sound discretion of the trial court. The purpose is to determine whether the accused in filing his demurrer is merely stalling the proceedings. Unless there is grave abuse thereof amounting to lack or excess of jurisdiction, which is not present in the instant case, the trial court's denial of prior leave to file demurrer to evidence may not be disturbed.[54] Moreover, this Court is in full conformity with the appellate court that concomitant with the right of the accused to a speedy trial is the right of the victim to obtain justice without delay. "To allow and grant every motion for extension of time would unduly delay the process of administering and dispensing justice."[55] | |||||