Vollm v. State
Mississippi Supreme Court
From tbe circuit court of Franklin county. Hon. Moyse H. Wiuiinson, Judge. Vollm, appellant, was indicted, tried, and convicted of forgery, and appealed to tbe supreme court. Tbe facts of tbe cáse upon wbieb be applied for a continuance of tbe cause, and tbe case was decided alone upon them, are fully stated in tbe opinion of tbe court. Tbe trial was “railroaded through;” appellant’s application for a continuance should have been granted.
Read the full summary
From tbe circuit court of Franklin county. Hon. Moyse H. Wiuiinson, Judge. Vollm, appellant, was indicted, tried, and convicted of forgery, and appealed to tbe supreme court. Tbe facts of tbe cáse upon wbieb be applied for a continuance of tbe cause, and tbe case was decided alone upon them, are fully stated in tbe opinion of tbe court. Tbe trial was “railroaded through;” appellant’s application for a continuance should have been granted. Anderson v. State (Miss.), 50 South. 554; Woodward v. State (Miss.), 42' South. 167; Montgomery v. State, 85 Miss. 330; Watson v_ State, 81 Miss. 700;…
1Opinion of the Court
Wi-iiteield, O. T.,
delivered the opinion of the court.
We think the court below erred in not granting the continuance, or, at least, in not setting the ease for a later day in the term. The application for continuance was based on the ground that Mrs. A. E. Hall, who was a witness to the execution of the receipt in question, and who was within the jurisdiction of the court, and had been served with process, and who was then in the county, but sick, would testify “that the clause alleged to have been unlawfully inserted in the receipt 'was in ■said receipt when said I. 0. Prather signed it,”…
2Cited by3 opinions
- McCain v. CochranMississippi Supreme Court · 1929
- Dean v. StateMississippi Supreme Court · 1958
- Whittington v. StateMississippi Supreme Court · 1952