Haggett v. State
Mississippi Supreme Court
Appeal from the circuit court of Forrest county. Hon. Paul B. Johnson, Judge. Emma Plaggett was convicted of unlawful retailing and appeals. The facts are as follows: When the case was called for trial in the circuit court, accused did not appear; but her attorney filed an application for a continuance, supported by affidavit setting out the fact that she was too side for trial and under treatment of a physician, who also testified as to her condition.
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Appeal from the circuit court of Forrest county. Hon. Paul B. Johnson, Judge. Emma Plaggett was convicted of unlawful retailing and appeals. The facts are as follows: When the case was called for trial in the circuit court, accused did not appear; but her attorney filed an application for a continuance, supported by affidavit setting out the fact that she was too side for trial and under treatment of a physician, who also testified as to her condition. The continuance was denied, and she was tried in her absence and convicted.
1Opinion of the CourtSmith, J.
The testimony of the witness Ammons is not in conflict with the evidence of the two physicians, and from the evidence of these physicians it is manifest that appellant was too ill to be present at her trial, and consequently the motion for a continuance should have been sustained. Corbin v. State, 55 South. 43.
Reversed and remanded.
2Cases cited1 opinion
- Corbin v. StateMississippi Supreme Court · 1911
3Cited by5 opinions
- Eastland v. StateMississippi Supreme Court · 1955
- Ullom v. DavisMississippi Supreme Court · 1933
- Jones v. StateMississippi Supreme Court · 1948
- Sullivan v. SmithMississippi Supreme Court · 1928
- Johnson v. StateMississippi Supreme Court · 1914