Thompson v. State
Supreme Court of Kansas
Criminal Appeal from Leavenworth County. The opinion of the court hereto attached, contains a statement of the facts of the case sufficient for a fair presentation of the points raised and determined. 1. The appellant was entitled to a reasonable time in which to obtain the attendance of his witnesses. § 10, State Const. Bill of Bights; § 189, Crim. Proa. Comp.
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Criminal Appeal from Leavenworth County. The opinion of the court hereto attached, contains a statement of the facts of the case sufficient for a fair presentation of the points raised and determined. 1. The appellant was entitled to a reasonable time in which to obtain the attendance of his witnesses. § 10, State Const. Bill of Bights; § 189, Crim. Proa. Comp. D., 264; 1 Chitty’s C. D., 491. 2. Refusal to grant a reasonable time to appellant to obtain the attendance of an absent witness, or his testimony, was an abuse of discretion on the part of the court, affecting materially the…
1Opinion of the Court
By the Court,
Saeeord, J.
In this case, which was a criminal prosecution for grand larceny, an application was made to the court below, on behalf of the appellant, then defendant, for a continuance, ,on the ground of inability to procure the testimony of two witnesses, who were absent from the State, and therefore beyond the jurisdiction of the court. The affidavit filed in support of the application was in proper and usual form, and set out in full the evidence expected to be obtained. No objection was taken to the said affidavit, but on the presentation thereof to the court, the counsel for…
2Cited by8 opinions
- State v. AdamsSupreme Court of Kansas · 1878
- State v. DicksonSupreme Court of Kansas · 1870
- State v. RheaSupreme Court of Kansas · 1881
- Graham v. StateSupreme Court of Arkansas · 1887
- Fanton v. StateNebraska Supreme Court · 1897
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