Owen v. State
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. In April, 1907, the place of business of L. & E. Wertheimer, a corporation organized under the laws of the State of Arkansas, was burglarized and whisky and cigars to the value of $13.70 taken. ■ Bose Owen' was charged with the offense, and was indicted for burglary and grand larceny, charged in separate counts. He was tried and convicted in both counts.
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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. In April, 1907, the place of business of L. & E. Wertheimer, a corporation organized under the laws of the State of Arkansas, was burglarized and whisky and cigars to the value of $13.70 taken. ■ Bose Owen' was charged with the offense, and was indicted for burglary and grand larceny, charged in separate counts. He was tried and convicted in both counts. The case is here on appeal. 1. A continuance should have been granted. A defendant is entitled to process for his witnesses. Const, art. 2, § xo; 50 Ark.…
1Opinion of the Court
Hart, J.,
(after stating the facts.) Appellant assigns as error the action of the trial court in refusing to grant his motion for a continuance.
His motion alleged that the absent witnesses, if present, would testify that the rope used at the residence of the defendant, Bose Owen, to clean, out flues was a small grass rope not larger than three-eighths of an inch, and that no such rope was used in burglarizing Wertheimer’s warehouse. The testimony for the State tended to show that the rope found in the warehouse on the morning after the alleged burglary -was an inch rope. The evidence adduced…
2Cases cited7 opinions
- Benton v. StateSupreme Court of Arkansas · 1875
- Kansas City Southern Railway Co. v. MorrisSupreme Court of Arkansas · 1906
- Bond v. StateSupreme Court of Arkansas · 1897
- Carroll v. StateSupreme Court of Arkansas · 1903
- Pratt v. StateSupreme Court of Arkansas · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Campbell v. StateSupreme Court of Arkansas · 1989
- May v. EdwardsSupreme Court of Arkansas · 1975
- State Medical Board v. RodgersSupreme Court of Arkansas · 1935
- Tiner v. StateSupreme Court of Arkansas · 1913
- Oliver v. StateSupreme Court of Arkansas · 1956
17 more not listed; retrieve them via the Exa API.