People v. Dodge
California Supreme Court
Appeal from the District Court, Fourteenth Judicial District, Nevada County. ! The defendant was indicted for the crime of murder, on the 11th day of February, 1865. On the 15th day of March, 1865, the case was set for trial in' the District Court for the 4th day of April, 1865. On the last named day the defendant applied for a continuance, on the ground of the absence of Margaret Dodge, one of his witnesses.
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Appeal from the District Court, Fourteenth Judicial District, Nevada County. ! The defendant was indicted for the crime of murder, on the 11th day of February, 1865. On the 15th day of March, 1865, the case was set for trial in' the District Court for the 4th day of April, 1865. On the last named day the defendant applied for a continuance, on the ground of the absence of Margaret Dodge, one of his witnesses. It was shown that the witness resided in Nevada County, and a subpoena had been served on her, but she had been ill for several weeks, too ill to leave her house without endangering her…
1Opinion of the Court
By the Court,
Sanderson, C. J.
The affidavits upon which the motion for a continuance was made were sufficient to entitle the defendant thereto, unless *448he was bound under the circumstances to obtain the testimony of the absent witness in the manner authorized by the statute in such cases. (Wood’s Digest, p. 314, Secs. 562 to 582 inclusive.) The defendant knew, as appears from the record, that the witness would not, in all probability, be able to attend the trial, and had ample time to obtain her testimony by deposition had he elected to do so; but it also appears that her illness was believed…
2Cited by10 opinions
- Jennings v. Superior CourtCalifornia Supreme Court · 1967
- People v. CollinsCalifornia Supreme Court · 1925
- People v. PlylerCalifornia Supreme Court · 1898
- People v. FrancisCalifornia Supreme Court · 1869
- People v. BreenCalifornia Supreme Court · 1900
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