Walker v. State
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court; Chickasawba District; Frank Smith, Judge; 1. The discretion of the trial court in a matter of continuance is not unlimited, but is subject to review in this court.
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Appeal from Mississippi Circuit Court; Chickasawba District; Frank Smith, Judge; 1. The discretion of the trial court in a matter of continuance is not unlimited, but is subject to review in this court. Where, as in this case, the motion for continuance complies with every requirement of the statute, and the evidence is material and due diligence shown, it is an abuse of discretion to refuse the continuance. 99 Ark. 394; 71 Ark. 180; 60 Ark. 564; 144 Ind. 16; 50 Ark. 161; 135 Ind. 393. 2. The instruction given by the court on its own motion goes beyond the statute, Kirby’s Dig. § 1765, on…
1Opinion of the CourtMcCulloch, C. J.
Defendant, F. J. Walker, was convicted of murder in the first degree for killing one Sam Smith on May 4, 1911, at Dell, Mississippi County, Arkansas. The indictment against him for this offense was returned by the grand jury on May 15, and he was placed on trial May 25, after the overruling of his motion for a continuance in order to procure the attendance of an absent witness, Wilson Murray by name. It was alleged in the motion that Murray was present when the homicide occurred, and his testimony would, if given on the witness stand as set out in the motion, tend to excuse it, or at least to…
2Cases cited3 opinions
- Petty v. StateSupreme Court of Arkansas · 1905
- Cogburn v. StateSupreme Court of Arkansas · 1905
- Haydon v. HaydonSupreme Court of Arkansas · 1911
3Cited by13 opinions
- Westbrook v. StateSupreme Court of Arkansas · 1979
- Wilson v. StateSupreme Court of Arkansas · 1916
- Thacker v. StateSupreme Court of Arkansas · 1973
- Smith v. StateSupreme Court of Arkansas · 1953
- Decker v. StateSupreme Court of Arkansas · 1973
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