State v. Prather
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The court erred in refusing to sustain either, of defendant’s applications for continuance. The witness whose testimony was sought to he obtained was a nonresident of the state and beyond the jurisdiction of the court. His immediate whereabouts could not be ascertained by defendant in the brief time allowed him to prepare for trial.
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Appeal from Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The court erred in refusing to sustain either, of defendant’s applications for continuance. The witness whose testimony was sought to he obtained was a nonresident of the state and beyond the jurisdiction of the court. His immediate whereabouts could not be ascertained by defendant in the brief time allowed him to prepare for trial. The materiality is shown both by the applications and the testimony in the cause. The matter of granting continuances rests largely in the discretion of the trial courts. But this was clearly an…
1Opinion of the CourtSherwood, J.
The defendant appeals from a conviction and sentence of three years in the penitentiary, the charging portion of the indictment being as follows: That A. E. Prather, on the eleventh day of June, A. D. 1895, at the county of Vernon and state of Missouri, in and upon one Birdie Harpold, a female child under the age of fourteen years, to wit, of the age of six years, unlawfully and feloniously did make an assault with intent, her, the said Birdie Harpold, then and there feloniously to unlawfully rape and carnally know and abuse, contrary to the form of the statutes in such cases made and…
2Cases cited3 opinions
- Gould v. HoweIllinois Supreme Court · 1889
- State v. JaegerSupreme Court of Missouri · 1877
- State v. MeinhartSupreme Court of Missouri · 1881
3Cited by6 opinions
- State v. ClarkSupreme Court of Missouri · 1898
- State v. MilesSupreme Court of Missouri · 1913
- State v. RiselingSupreme Court of Missouri · 1905
- State v. FujitaNorth Dakota Supreme Court · 1910
- State v. WatsonSupreme Court of Missouri · 1897
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