McDaniel v. State
Mississippi Supreme Court
Error to Hinds circuit court. Coalter, J. James M. McDaniel was indicted in tbe court below for the murder of Alexander Frazier, was arraigned and pleaded not guilty at the April term of the court, 1846. He made application for a continuance on the ground that two witnesses, residents of the county of Hinds, were absent without his procurement or consent, whoso evidence would be material for him, as they would testify to facts which he could not prove by others.
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Error to Hinds circuit court. Coalter, J. James M. McDaniel was indicted in tbe court below for the murder of Alexander Frazier, was arraigned and pleaded not guilty at the April term of the court, 1846. He made application for a continuance on the ground that two witnesses, residents of the county of Hinds, were absent without his procurement or consent, whoso evidence would be material for him, as they would testify to facts which he could not prove by others. The court overruled the application, and the prisoner excepted. On the trial, U. O. Edwards, for the state, testified that he was…
1Opinion of the CourtClayton, J.
This was an indictment for murder in the Circuit court of Hinds, which resulted iu the conviction of the defendant. A great number of errors have been assigned as causes of reversal.
-The first is, that there was error in overruling an application for a continuance upon the affidavit filed. Our statute upon this subject lays down a very explicit rule. It provides that upon every application for a continuance, the party shall set forth in his affidavit the facts which he expects to prove by his absent witness or witnesses, in order that the court may judge of the materiality of such facts to…
2Cases cited5 opinions
- Campbell v. StateSupreme Court of Georgia · 1852
- Woods v. YoungSupreme Court of the United States · 1808
- Moore v. StateSupreme Court of Alabama · 1848
- Green v. StateSupreme Court of Missouri · 1850
- People v. GreenCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by24 opinions
- State v. NashSupreme Court of Iowa · 1858
- Hydrick v. StateMississippi Supreme Court · 1963
- Shields v. StateMississippi Supreme Court · 1962
- Gladden v. StateSupreme Court of Florida · 1869
- State v. Moua HerSupreme Court of Minnesota · 2008
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