Legal Opinion

Goldsby v. United States

Supreme Court of the United States

Decided December 2, 1895No. 620PublishedCited by 214 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS. The plaintiff was indicted on the 8th of February, 1895, for the murder of Ernest Melton, a white man and not an Indian. The crime was charged to have been committed at the Cherokee Nation in the Indian country on the 18th day of November, 1894.” Prior to empanelling the jury on the 23d of February, 1895, the accused filed two affidavits for continuance until the next term of court.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS. The plaintiff was indicted on the 8th of February, 1895, for the murder of Ernest Melton, a white man and not an Indian. The crime was charged to have been committed at the Cherokee Nation in the Indian country on the 18th day of November, 1894.” Prior to empanelling the jury on the 23d of February, 1895, the accused filed two affidavits for continuance until the next term of court. The first, filed on the 12th of February, 1895, based on the ground that for some time prior to the finding of the indictment…

1Opinion of the CourtJustice White

There are fourteen assignments of error. Two address themselves to the refusal of the court to grant the applications for continuance; three to the action of the court in denying the request to summon certain witnesses at ■ government expense ; four relate to rulings of the court, admitting or rejecting testimony; and, finally, five to errors asserted to have been committed by the court in its charge to the jury. We will consider these various matters under their respective headings.

In a recent case we said: “ That the action of a trial court upon an application for continuance is purely a…

2Cases cited12 opinions

  1. Wood v. United StatesSupreme Court of the United States · 1842
  2. Moore v. United StatesSupreme Court of the United States · 1893
  3. Isaacs v. United StatesSupreme Court of the United States · 1895
  4. Crumpton v. United StatesSupreme Court of the United States · 1891
  5. Johnston v. JonesSupreme Court of the United States · 1862

7 more not listed; retrieve them via the Exa API.

3Cited by214 opinions

  1. Geders v. United StatesSupreme Court of the United States · 1976
  2. M. A. P. v. RyanDistrict of Columbia Court of Appeals · 1971
  3. Victor Harry Feguer v. United StatesCourt of Appeals for the Eighth Circuit · 1962
  4. United States v. RosenbergCourt of Appeals for the Second Circuit · 1952
  5. United States v. Sally A. Papia, Russell J. Enea, Joseph v. Basile, and Maximillion J. AdonnisCourt of Appeals for the Seventh Circuit · 1977

209 more not listed; retrieve them via the Exa API.

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