Penn v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. Robert G. Penn and H. 33. Penn were jointly indicted upon the charge of having murdered Robert B. Rials on the 8th day of April, 1884. They .were arraigned and plead “ not guilty.”
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Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. Robert G. Penn and H. 33. Penn were jointly indicted upon the charge of having murdered Robert B. Rials on the 8th day of April, 1884. They .were arraigned and plead “ not guilty.” A severance was granted the defendants, and on the 10th of May, and during the progress of the trial of another case, the consideration of which had been adjourned to a future day, a special venire was ordered and drawn in the case against Robert G. Penn, and a day was set for the trial of the case. His counsel objected to having his case…
1Opinion of the CourtCampbell, C. J.
It was not erroneous to draw the special venire and set a .day for the trial of the case while another case was being tried. The continuance asked was properly denied. Bowen, one of the absent witnesses, because of whose absence the continuance was applied for, was produced and introduced on the trial by the State, and testified that he knew nothing of the case. The facts stated in the affidavit as provable by the absent witness, Roberts, were not ad*474missible. Yates, the other absent witness, resided in an adjoining county, and might have been immediately obtained by attachment, so far as…
2Cited by24 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- Jones v. StateMississippi Supreme Court · 1923
- State v. OvertonSupreme Court of New Jersey · 1913
- Commonwealth v. ZecSupreme Court of Pennsylvania · 1918
- Nodd v. StateCourt of Criminal Appeals of Alabama · 1989
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