Legal Opinion

State v. Benge

Supreme Court of Iowa

Decided October 17, 1883PublishedCited by 13 opinions

Appeal from Appanoose District Court. The defendant was convicted of the crime of larceny, and sentenced to the penitentiary for three and one-half years. He appeals.

1Opinion of the CourtAdams, J.

*6591. practice: móWon'foí6: rued too late. *658— I. The property alleged to have been stolen *659was a mare. The defendant fled a motion for a continuance, which was overruled. He assigns as er-3 t ° ror ^ie overruling of the motion. The motion wag kased upon the ground of the absence of' material witnesses.

At what time the motion and affidavits were fled does not appear, except so far as might be inferred from a recital in a bill of exceptions in these words: “On the 12th and 13th days of October, 1881, this cause coming on for hearing on the application of the defendant for the continuance of said…

2Cases cited3 opinions

  1. Burton v. WileySupreme Court of Vermont · 1854
  2. Boston v. HaynesCalifornia Supreme Court · 1867
  3. Farmers' Loan & Trust Co. v. Walworth County BankWisconsin Supreme Court · 1868

3Cited by13 opinions

  1. People v. IbarraCalifornia Supreme Court · 1963
  2. Goodwin v. SwensonDistrict Court, W.D. Missouri · 1968
  3. State v. CaterSupreme Court of Iowa · 1897
  4. Woodell v. StateCourt of Appeals of Maryland · 1960
  5. Tompsett v. State of OhioCourt of Appeals for the Sixth Circuit · 1944

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