People v. Diaz
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of Calaveras. The defendant was indicted for murder. On the cause being called for trial, the defendant moved for a continuance, on the ground of the absence of a material witness. The affidavit on which tho motion is based sets' forth what the said witness would testily, and it is admitted that the evidence is material for the defence.
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Appeal from the District Court of the Fifth Judicial District, County of Calaveras. The defendant was indicted for murder. On the cause being called for trial, the defendant moved for a continuance, on the ground of the absence of a material witness. The affidavit on which tho motion is based sets' forth what the said witness would testily, and it is admitted that the evidence is material for the defence. The Court overruled the motion, on the district attorney’s admission that the witness would testify as alleged in the affidavit, subject to contradiction by other evidence, and on his…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
The accused, who was indicted and arraigned upon a charge of murder, moved for a continuance, on the ground of the absence of a material witness.
The affidavit is sufficient, in all particulars, and the materiality of the evidence properly shown. The Court overruled the motion—the district attorney offering to admit that said witness would, if present, swear to the facts contained in the affidavit, subject to contradiction by other evidence, to which the prisoner excepted.
At common law, applications…
2Cited by13 opinions
- People v. CollinsCalifornia Supreme Court · 1925
- Newton v. StateSupreme Court of Florida · 1884
- Miller v. StateWisconsin Supreme Court · 1909
- People v. SlighMichigan Supreme Court · 1882
- Pace v. CommonwealthCourt of Appeals of Kentucky · 1889
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