Legal Opinion

Eubanks v. People

Illinois Supreme Court

Decided April 15, 1866PublishedCited by 6 opinions

Writ of Error to the Circuit Court of Livingston county; the Hon. Charles E. Starr, Judge, presiding. This was an indictment found by the grand jury of Livingston county, and returned to the October Special Term of the Circuit Court of that county, against Walker Eubanks. It charged him with an assault with intent to murder one James M. Donaldson. He entered a plea of not guilty, after. being arraigned.

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Writ of Error to the Circuit Court of Livingston county; the Hon. Charles E. Starr, Judge, presiding. This was an indictment found by the grand jury of Livingston county, and returned to the October Special Term of the Circuit Court of that county, against Walker Eubanks. It charged him with an assault with intent to murder one James M. Donaldson. He entered a plea of not guilty, after. being arraigned. Defendant entered a motion for a continuance founded on an affidavit of the absence of material witnesses. The court overruled this motion and the defendant excepted. On the day following, and…

1Opinion of the CourtChief Justice Walker

It is insisted, that the court below erred, in overruling a motion for a continuance, entered by plaintiff in error. The motion was based on this affidavit: “Walker Eubanks, the

defendant in the above entitled case, being duly sworn, upon his oath deposes and says, that he cannot safely proceed to the trial of the above entitled cause at the present term of court, on account of the absence of one Edward Conners, and Charles Conners, material witnesses on the part of defendant, and that said witnesses are somewhere on the road to Kansas, as affiant has just been informed and believes, and that…

2Cited by6 opinions

  1. Perteet v. PeopleIllinois Supreme Court · 1873
  2. Wilhelm v. PeopleIllinois Supreme Court · 1874
  3. People v. WilliamsIllinois Supreme Court · 1923
  4. Brown v. StateSupreme Court of Georgia · 1880
  5. Cusanelli v. SteeleAppellate Court of Illinois · 1936

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