Walker v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. The appellant was indicted, tried and convicted for the larceny of a hog. The bill of exceptions recites that upon the cause being called for trial “the State having announced ready for trial, the defendant stated that he was not ready, as seven of his witnesses were absent. Thereupon the court asked when the witnesses were summoned.
Read the full summary
Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. The appellant was indicted, tried and convicted for the larceny of a hog. The bill of exceptions recites that upon the cause being called for trial “the State having announced ready for trial, the defendant stated that he was not ready, as seven of his witnesses were absent. Thereupon the court asked when the witnesses were summoned. Being told by the clerk that they had been summoned several weeks prior, the court directed the defendant to inform him as to the materiality and importance of the testimony of the…
1Opinion of the CourtColeman, J.
The defendant was convicted of the larceny of a hog. Before the trial was entered upon, the defendant applied to the court for a continuance, which was "refused, and after conviction moved the court for a new trial, which motion was overruled.
*88It is well settled that the statute, authorizing an exception to the action of the court overruling a motion for a new trial, has no application to criminal cases. It is also settled, that the granting of continuances, or the refusal to grant a continuance, is purely discretionary and not revisable on appeal. The rule of practice as to continuances can…
2Cited by34 opinions
- Dennison v. StateAlabama Court of Appeals · 1921
- Knowles v. BlueSupreme Court of Alabama · 1923
- Gaines v. StateSupreme Court of Alabama · 1906
- Robinson v. StateCourt of Criminal Appeals of Alabama · 1989
- Godfrey v. StateCourt of Criminal Appeals of Alabama · 1980
29 more not listed; retrieve them via the Exa API.