Caldwell v. State
Mississippi Supreme Court
From the circuit court of Montgomery county. Hon. J. T. Dunn, Judge. 'Appellant, Caldwell, was indicted for the unlawful sale of intoxicants. The case was twice continued.
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From the circuit court of Montgomery county. Hon. J. T. Dunn, Judge. 'Appellant, Caldwell, was indicted for the unlawful sale of intoxicants. The case was twice continued. At the October, 1904, term of the court the case was called for trial, when defendant made a motion for a third continuance, and in support of it made the following affidavit: “Comes defendant, Frank Caldwell, who says he cannot safely go to trial at this term of the court on account of the absence of Susan Caldwell, a material witness for defendant, who is not absent by his procurement, and who lives within the…
1Opinion of the CourtTruly, J.
In view of the facts that the statements contained in appellant’s affidavit for a continuance were not denied or in any wise discredited, the application should have been granted. The record shows that the witness desired had been duly subpoenaed, was in less than one mile of the courthouse, and was too sick to attend the trial. The state should have either contested the truth of these statements, or the trial should have been postponed until the attendance of the witness could have been procured. The record of a completed trial shows that the testimony of the absent witness would have been…
2Cases cited1 opinion
- Watson v. StateMississippi Supreme Court · 1902
3Cited by3 opinions
- Walton v. StateMississippi Supreme Court · 1905
- Bynum v. StateMississippi Supreme Court · 1962
- Walker v. StateMississippi Supreme Court · 1922