State v. Cochran
Supreme Court of Missouri
Appeal from Harrison Circuit Court. — Hon. P. O. Stepp, Judge. (1) The court committed a manifest error in overruling defendant’s application for a continuance. It will be conceded tbat in its formal parts the application was sufficient, and it only remains to be considered whether proper diligence had been used, and whether the testimony of the absent witness as set out in the application was material.
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Appeal from Harrison Circuit Court. — Hon. P. O. Stepp, Judge. (1) The court committed a manifest error in overruling defendant’s application for a continuance. It will be conceded tbat in its formal parts the application was sufficient, and it only remains to be considered whether proper diligence had been used, and whether the testimony of the absent witness as set out in the application was material. (2) To cite authorities to show the materiality of this evidence would seem to be unnecessary, for they are almost innumerable. State v. Sloan, 47 Mo. 604; State v. Keene, 50 Mo. 357; State v.…
1Opinion of the CourtBurgess, J.
— The defendant was indicted on the fourth day of October, 1897, for having on the seventeenth day of August, 1897, at the county of Harrison, shot, killed and murdered one George Stanbrough. He was convicted of murder in the first degree, and his punishment fixed at death. He appeals.
The indictment was found in the Harrison circuit court, at its October term, 1897. At that term the case was continued until the January term, 1898, when the court was *511adjourned until the eleventh day of April next following, and the case set down for the trial at that time.
When the case was called for trial…
2Cases cited19 opinions
- People v. SanchezCalifornia Supreme Court · 1864
- State v. HoytSupreme Court of Connecticut · 1880
- State v. GrantSupreme Court of Missouri · 1883
- State v. PartlowSupreme Court of Missouri · 1886
- State v. PagelsSupreme Court of Missouri · 1887
14 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. FergusonSupreme Court of Missouri · 1944
- State v. BaileyNew Mexico Supreme Court · 1921
- State v. GreathouseMissouri Court of Appeals · 1985
- State v. ReeceSupreme Court of Missouri · 1974
- State v. VacosUtah Supreme Court · 1911
7 more not listed; retrieve them via the Exa API.