State v. Alred
Supreme Court of Missouri
Appeal from Adair Circuit Court. — IIon. Andrew Ellison, Judge. Defendant’s application for a continuance was properly overruled.
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Appeal from Adair Circuit Court. — IIon. Andrew Ellison, Judge. Defendant’s application for a continuance was properly overruled. The affidavit is fatally defective in that it does not state what the probabilities are, if any, of procuring the testimony of the absent witnesses, if a continuance be granted; it does not state that the defendant believes the testimony which he alleges the absent witnesses will give is true, or that he will be unable to prove the same facts by any other witnesses whose testimony could be readily procured. Revised Statutes, 1889, sec. 4181; State v. Underwood, 76…
1Opinion of the CourtBurgess, J.
At a special term of the circuit court of Adair county, held on the twenty-fifth day of August, 1891, defendant was indicted for grand larceny in having, on the third day of July, 1891, stolen $30 in gold from one Stephens Hankins. At the October term following defendant pleaded not guilty, and filed an application for a continuance on the ground' of the absence of material witnesses. This application was overruled.
After a jury had been sworn, touching their qualifications, the requisite number of qualified jurymen obtained, and the announcement by the state of its challenges, defendant…
2Cases cited9 opinions
- State v. GilmoreSupreme Court of Missouri · 1892
- State v. HarveySupreme Court of Missouri · 1891
- State v. HeinzeMissouri Court of Appeals · 1891
- State v. BryantSupreme Court of Missouri · 1887
- State v. ReedSupreme Court of Missouri · 1886
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3Cited by9 opinions
- State v. BlitzMissouri Court of Appeals · 1903
- State v. FitzgeraldSupreme Court of Missouri · 1895
- State v. BondSupreme Court of Missouri · 1905
- State v. RichardsonSupreme Court of Missouri · 1906
- Missouri, O. & G. Ry. Co. v. McClellanSupreme Court of Oklahoma · 1913
4 more not listed; retrieve them via the Exa API.