State v. Huffman
Oregon Supreme Court
From Harney : Morton D. Clifford, Judge. W. H. Huffman was convicted of the crime of rape, upon an indictment returned April 19, 1900. The crime is charged to . have been committed July 1, 1899, and, among other things, it is alleged that the defendant was “then and there a male person above the age of sixteen years.”
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From Harney : Morton D. Clifford, Judge. W. H. Huffman was convicted of the crime of rape, upon an indictment returned April 19, 1900. The crime is charged to . have been committed July 1, 1899, and, among other things, it is alleged that the defendant was “then and there a male person above the age of sixteen years.” He was arraigned on the day.the indictment was found, and on the day following he entered a plea of not guilty, and filed a motion for a postponement of the trial to the next term of the court, supported by his affidavit, wherein he stated, in substance, that he could not safely…
1Opinion of the CourtJustice Wolverton
We will dispose of the two questions in the order stated.
1. A motion for a continuance is always addressed to the sound, legal discretion of the court, and the action •of the trial court concerning it is not subject to review, except for an abuse of that discretion, or where it has been injudiciously and unwisely exercised, to the prejudice of the moving party : Vanblaricum v. Ward, 1 Blackf. 50 ; Davis Mfg. Co. v. Riverside Cheese Co. 84 Wis. 262 (54 N. W. 506); State v. O'Neil, 13 Or. 183 (9 Pac. 284); State v. Howe, 27 Or. 138, 146 (44 Pac. 672). The alleged evidence upon which the…
2Cases cited8 opinions
- Commonwealth v. EmmonsMassachusetts Supreme Judicial Court · 1867
- State v. . McNairSupreme Court of North Carolina · 1885
- State v. HoweOregon Supreme Court · 1895
- State v. O'NeilOregon Supreme Court · 1886
- Stephenson v. StateIndiana Supreme Court · 1867
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3Cited by3 opinions
- State v. FinchOregon Supreme Court · 1909
- Cole v. Willow River Co.Oregon Supreme Court · 1911
- Title & Trust Co. v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1931