Hewitt v. Commonwealth
Supreme Court of Virginia
At the April .term 1863 of the Circuit court of Bedford county, Wilson C.-Hewitt was indicted for.an assault, and Rattery committed in February, 1863, upon Rowland!). Buford. This indictment was made upon the evidence . of Rowland D. Buford, a witness, palled on.by the grand jury.
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At the April .term 1863 of the Circuit court of Bedford county, Wilson C.-Hewitt was indicted for.an assault, and Rattery committed in February, 1863, upon Rowland!). Buford. This indictment was made upon the evidence . of Rowland D. Buford, a witness, palled on.by the grand jury. A summons.,, was, thereupon award,ed, returnable to the next term, of the court, but on the next. *day, viz: on the 1st of May, on the motion of the attorney for the commonwealth, writs of capias were awarded against Hewitt to the sheriff of every county and the sergeant of every corporation in the state, returnable…
1Opinion of the Court
MOJXTCUEE), P.,
delivered the opinion of the court:
A motion for a continuance is addressed to the sound discretion of the court, under all the circumstances of the case; and though an appellate court will supervise the action of an inferior court on such a motion, it will not reverse a judgment on that ground, unless such action was plainly erroneous. As a general rule, where a witness for a party fails to appear at the time appointed for the trial, if such party show that a subpoena for the witness has been returned executed, or, if not so returned, was delivered to the proper officer of the…
2Cited by30 opinions
- State v. HarrisonWest Virginia Supreme Court · 1892
- Norfolk & Western Railroad v. H. I. ShottSupreme Court of Virginia · 1895
- Buster v. HollandWest Virginia Supreme Court · 1886
- Early v. CommonwealthSupreme Court of Virginia · 1890
- Riddle v. McGinnisWest Virginia Supreme Court · 1883
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