State v. O'Neil
Oregon Supreme Court
Jackson County. Defendant appeals. A defendant charged with murder ought not to be forced into a trial until he has a fair opportunity to procure his evidence, and more especially so when an unreasoning community are threatening to tear down the jail and mob him. It was error to refuse to postpone.
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Jackson County. Defendant appeals. A defendant charged with murder ought not to be forced into a trial until he has a fair opportunity to procure his evidence, and more especially so when an unreasoning community are threatening to tear down the jail and mob him. It was error to refuse to postpone. (People v. Diaz, 6 Cal. 248; People v. Dodge, 28 Id. 445; People v. Vermilyea, 7 Cow. 383; State v. McLane, 15 Nev. 372; United States v. Little, 2 Wash. 159; Adams v. Colton, 3 111. 71; Bradbury v. Dougherty-, 7 Blackf. 467; Jacobs v. Finlcel, Id. 432; State v. Klinger, 43 Mo. 127; Whitewortk v.…
1Opinion of the CourtLord, J.
The defendant was indicted, tried, and convicted of murder. By the bill of exceptions, it appears *185that on the day the defendant .was called upon, and did plead not guilty to the indictment, he filed an affidavit and motion for the postponement of the trial, which the court refused to grant, and this is assigned as error. It is admitted that the granting or refusing of a continuance rests in the sound discretion of the court below, and that its determination ought not to be disturbed except for the best reasons. From the nature of things, the court below is placed in a much more favorable…
2Cases cited5 opinions
- People v. FrancisCalifornia Supreme Court · 1869
- Mack v. StateWisconsin Supreme Court · 1880
- People v. WilliamsCalifornia Supreme Court · 1861
- Scott v. StateMississippi Supreme Court · 1879
- Trull v. TrueSupreme Judicial Court of Maine · 1851
3Cited by21 opinions
- State v. FinchOregon Supreme Court · 1909
- State v. HoweOregon Supreme Court · 1895
- State v. BreawOregon Supreme Court · 1904
- State v. PutneyOregon Supreme Court · 1924
- State v. OttenOregon Supreme Court · 1963
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