State v. Warden
Supreme Court of Missouri
Appeal from Johnson Criminal Court. — Hon. John P. Ryland, Judge. • (1) The court erred in overruling the application of defendant for a continuance. On the state admitting that the absent witness, Shores, if present, would testify to the facts as set forth in the affidavit and forcing defendant to a trial against his consent, in accordance with section 1886, because that section is unconstitutional, being in conflict with section 22, article 2, of the state constitution.
Read the full summary
Appeal from Johnson Criminal Court. — Hon. John P. Ryland, Judge. • (1) The court erred in overruling the application of defendant for a continuance. On the state admitting that the absent witness, Shores, if present, would testify to the facts as set forth in the affidavit and forcing defendant to a trial against his consent, in accordance with section 1886, because that section is unconstitutional, being in conflict with section 22, article 2, of the state constitution. State v. Berkley, 92 Mo. 41. (a) The court erred in permitting defendant to read only that portion of the affidavit in…
1Opinion of the CourtBbace, J.
At the May term, 1885, of the Johnson criminal court, the defendant was indicted and tried for grand larceny. The jury failing to agree, the case was continued to the December term. At the December term the defendant made application for a continuance on account of the absence of Fred. Shores, a material witness, which, being submitted to the court, and the state’s attorney admitting that if the witness was present he would testify as stated in the application, the same was thereupon overruled, and the defendant compelled to go to trial, and on the trial he was permitted to read the facts set…
2Cases cited1 opinion
- State v. BerkleySupreme Court of Missouri · 1887
3Cited by10 opinions
- State v. GarnerSupreme Court of Missouri · 1950
- State v. KeelenOregon Supreme Court · 1922
- Madison v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. LeeSupreme Court of Missouri · 1916
- State v. FrenchSupreme Court of Missouri · 1972
5 more not listed; retrieve them via the Exa API.