Franklin v. State
Supreme Court of Arkansas
Appeal from Pike Circuit Court; James S. Steel, Judge; (1) Tbe court erred in overruling defendant’s motion for continuance. Tbe trial court assigned as reason tberefor that the absent witness was indicted by tbe same grand jury for manufacturing liquor. It was shown by affidavit that the defendants did not know that tbe evidence of this witness would be material until too late to secure liis attendance.
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Appeal from Pike Circuit Court; James S. Steel, Judge; (1) Tbe court erred in overruling defendant’s motion for continuance. Tbe trial court assigned as reason tberefor that the absent witness was indicted by tbe same grand jury for manufacturing liquor. It was shown by affidavit that the defendants did not know that tbe evidence of this witness would be material until too late to secure liis attendance. It was set out in the motion that the court permitted the witness to go to a sick wife. Illness in family of a witness may be ground for continuance. 5 Ene. Pro. 462. The testimony of this…
1Opinion of the CourtHast, J.
Perry Franklin, Ben Davidson, Eli Markham, Jewell Sparks and Ira Green, were separately indicted for the crime of manufacturing and being interested in the manufacture of intoxicating liquors. The defendants were charged with manufacturing and being interested in the manufacture of intoxicating liquors at the same place and at the same time. They were tried separately, and there is a separate transcript in each case, but the testimony in each is practically the same. There was a verdict of guilty in each case, and from the judgment of conviction each defendant has separately prosecuted an…
2Cases cited8 opinions
- United States v. PerezSupreme Court of the United States · 1824
- Logan v. United StatesSupreme Court of the United States · 1892
- Simmons v. United StatesSupreme Court of the United States · 1891
- Thompson v. United StatesSupreme Court of the United States · 1894
- Atkins v. StateSupreme Court of Arkansas · 1855
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3Cited by15 opinions
- Jones v. StateSupreme Court of Arkansas · 1959
- Franklin v. StateSupreme Court of Arkansas · 1971
- Cody & Muse v. StateSupreme Court of Arkansas · 1963
- Phillips v. StateSupreme Court of Arkansas · 1999
- McDaniel v. StateSupreme Court of Arkansas · 1958
10 more not listed; retrieve them via the Exa API.