Parker v. State
Mississippi Supreme Court
Error to the Circuit Court of Alcorn County. Hon. J. A. Green, Judge. A statement of the case will be found in the opinion of the court. 1. Where manifest injustice has been done in refusing a continuance, the appellate court should interfere, and not permit a citizen to be deprived of his liberty without a fair trial. McDaniel v. The State, 8 Smed. & M. 414; 5 Humph. 568; 2 Ya.
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Error to the Circuit Court of Alcorn County. Hon. J. A. Green, Judge. A statement of the case will be found in the opinion of the court. 1. Where manifest injustice has been done in refusing a continuance, the appellate court should interfere, and not permit a citizen to be deprived of his liberty without a fair trial. McDaniel v. The State, 8 Smed. & M. 414; 5 Humph. 568; 2 Ya. Cas. 849 ; 10 Leigh, 692; 4 Humph. 202. In speaking of the court’s discretion in the matter of continuances this court says : “ Where this discretion has been manifestly abused, the appellate court should reverse.”…
1Opinion of the CourtSimrall, C. J.
The undisputed facts are these: Late Christmas night, 1876, *417the plaintiff in error, in company with John M. Suitor and G. W. Stallings, aroused the deceased, Hiram Dilworth, who had retired to bed, and entered his house. The house was a log-cabin with two rooms. Parker went to the door of the room occupied by his daughters, wrenched the door from its hinges, and got into the bed occupied by them. Suitor and Stallings went into the other room, occupied by Hiram Dilworth and his wife. Attracted by the noise and cries of the daughters, Dilworth and wife started for their room, the wife in…
2Cases cited2 opinions
- Hyde v. StateMississippi Supreme Court · 1876
- Lundy v. StateMississippi Supreme Court · 1870
3Cited by4 opinions
- Flesher v. HaleWest Virginia Supreme Court · 1883
- Williams v. StateMississippi Supreme Court · 1907
- Hans v. StateNebraska Supreme Court · 1904
- People v. LyonsNew York Court of Appeals · 1888