Itow v. United States

GILBERT, Circuit Judge.

The plaintiffs in error were indicted for the murder of Frank Dunn. Itow was convicted of murder in the first degree, and Fushimi was convicted of manslaughter. . Error is assigned to the refusal of the trial court to grant a continuance for which application was made by the defendants’ counsel, on the ground that necessary witnesses subpoenaed in Seattle and Portland had not arrived at the place .of trial; and it is. contended *304thát by the denial of the application the defendants were deprived of a substantial right, the right of affording their counsel opportunity to…