Castona v. State
Alabama Court of Appeals
Appeal from Circuit Court, Mobile. County ; Claude A. Grayson, Judge. John H. Castona was convicted, of an assault with intent to murder one Otto Delius, and he appeals. The facts and the exceptions to evidence sufficiently appear from the opinion of the court. Counsel discusses assignment of error relative to evidence, but without citation of authority.
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Appeal from Circuit Court, Mobile. County ; Claude A. Grayson, Judge. John H. Castona was convicted, of an assault with intent to murder one Otto Delius, and he appeals. The facts and the exceptions to evidence sufficiently appear from the opinion of the court. Counsel discusses assignment of error relative to evidence, but without citation of authority. Charge 4 should have been given. 86 Ala. 16, 5 South. 651. Requiring a showing for an absent witness rests in the discretion of a trial court. 181 Ala. 35, 61 South. 336; 57 South. 127; 168 Ala. 109, 53 South. 109. The court committed no…
1Opinion of the CourtMerritt, J.
The defendant was indicted for the offense of assault with intent to murder, was convicted and' sentenced to three years’ imprisonment in the penitentiary.
The only questions reserved for review by this court are .upon the action of the court in requiring the defendant to make a showing as to what an absent witness, for whom an attachment was issued, would testify, and 34 exceptions to the admission and exclusion of evidence.
[1,2] The matter of granting a continuance in a criminal case on account of the absence of a witness lies within the discretion of the trial court. Sanderson v. State, 168…
2Cases cited31 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- Griffin v. StateSupreme Court of Alabama · 1891
- Smith v. StateSupreme Court of Alabama · 1913
- Pate v. StateSupreme Court of Alabama · 1891
- Collins v. StateSupreme Court of Alabama · 1902
26 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Smith v. StateCourt of Criminal Appeals of Alabama · 1996
- Smith v. StateCourt of Criminal Appeals of Alabama · 1978
- Morrow v. StateAlabama Court of Appeals · 1923
- Harrison v. StateCourt of Criminal Appeals of Alabama · 2003
- Danley v. StateAlabama Court of Appeals · 1949
4 more not listed; retrieve them via the Exa API.