State v. Parker
Supreme Court of Missouri
Appeal from Buchanan Criminal Court. —Hon. C. A. Anthony, Judge. (1) The court erred in refusing to continue or postpone the trial. McKay v. State, 12 Mo. 492; Bice v. Melendy, 36 Iowa, 166; State v. Lewis, 74 Mo. 222; State v. Walker, 69 Mo. 274; State v. Loe, 98 Mo. 609. Sickness of counsel is good ground for continuance.
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Appeal from Buchanan Criminal Court. —Hon. C. A. Anthony, Judge. (1) The court erred in refusing to continue or postpone the trial. McKay v. State, 12 Mo. 492; Bice v. Melendy, 36 Iowa, 166; State v. Lewis, 74 Mo. 222; State v. Walker, 69 Mo. 274; State v. Loe, 98 Mo. 609. Sickness of counsel is good ground for continuance. State v. Bailey, 94 Mo. 311; Thompson v. Thornton, 41 Cal. 626; Slate v. Stegner, 33 N. W. Rep. 340 ; Stockholm v. State, 7 S. W. Rep. 338. When leading counsel is sicl¿, and counsel in attendance is not prepared to go on with the trial, a continuance should be granted.…
1Opinion of the CourtMacfarlane, J.
This is the second appeal of defendant from a conviction for murder in the second degree for killing David C. Montgomery. The first appeal is reported in 96 Mo. 383. The case was retried with the same result as upon the first trial. The plea was again self-defense. A number of errors are assigned which will be considered in their order.
I. Defendant’s first complaint is, that the court improperly refused to grant him a continuance. The ground of the application was that the attorneys who had attended to his defense on all former trials, and in the supreme court, and who were familiar with all…
2Cases cited15 opinions
- State v. PartlowSupreme Court of Missouri · 1886
- State v. GilmoreSupreme Court of Missouri · 1888
- State v. SloanSupreme Court of Missouri · 1871
- State v. SmithSupreme Court of Missouri · 1883
- State v. BerkleySupreme Court of Missouri · 1887
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3Cited by17 opinions
- State v. MilesSupreme Court of Missouri · 1906
- State v. PhroperMissouri Court of Appeals · 1981
- State v. ParkerSupreme Court of Missouri · 1903
- State v. MayberrySupreme Court of Missouri · 1950
- State v. SwearenginSupreme Court of Missouri · 1916
12 more not listed; retrieve them via the Exa API.