State v. Jennings
Supreme Court of Missouri
Appeal from Henry Girouit Court.—IIon. J. B. Gantt, Judge. The court erred in overruling defendant’s application for a continuance. The witness, Peerey, had been duly subpoenaed, but was injured and taken sick but a few days before the trial, and could not attend, and the application being made at tbe term at which the indictment was found, the court ought to have given the defendant the benefit of the personal presence of the witness before the jury.
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Appeal from Henry Girouit Court.—IIon. J. B. Gantt, Judge. The court erred in overruling defendant’s application for a continuance. The witness, Peerey, had been duly subpoenaed, but was injured and taken sick but a few days before the trial, and could not attend, and the application being made at tbe term at which the indictment was found, the court ought to have given the defendant the benefit of the personal presence of the witness before the jury. An attachment in this case would have been of no avail, as the witness was sick and unable to attend court, as the court found by holding that…
1Dissent
IIeney, X,
Dissenting.—The fact that one is found in the possession of goods, recently after they are stolon, is a circumstance tending to prove that he stole them; and the force of the circumstance is strong or weak, according to the character of the property, and the period of time which has elapsed between the commission of the crime and the possession proved. If the property be of a kind which readily and rapidly passes from hand to hand, as a piece of coin or a bank bill, and many days have elapsed since the theft was committed, the possession of the stolen coin or bank bill could be, of…
2Cases cited13 opinions
- Ingalls v. StateWisconsin Supreme Court · 1880
- Sahlinger v. PeopleIllinois Supreme Court · 1882
- Henderson v. StateSupreme Court of Alabama · 1881
- State v. KellySupreme Court of Missouri · 1881
- People v. LevisonCalifornia Supreme Court · 1860
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