Graham v. State
Supreme Court of Arkansas
APPEAL from Benton Circuit Court. J. M. Pittman, Judge. Art. 2, see. 10, const., 1874, guarantees to the defendant in all criminal prosecutions the right “to have compulsory process for obtaining witnesses in bis favor.” To grant an attachment for his witnesses and then force him into trial immediately, upon the admission of tbe prosecuting officer, that the witnesses, if present, would testify to tbe facts stated in the motion for continuance, is a mockery of justice.
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APPEAL from Benton Circuit Court. J. M. Pittman, Judge. Art. 2, see. 10, const., 1874, guarantees to the defendant in all criminal prosecutions the right “to have compulsory process for obtaining witnesses in bis favor.” To grant an attachment for his witnesses and then force him into trial immediately, upon the admission of tbe prosecuting officer, that the witnesses, if present, would testify to tbe facts stated in the motion for continuance, is a mockery of justice. The defendant is entitled to have his witnesses present, if within the jurisdiction of the court, and any law ■depriving him…
1Opinion of the Court
CockRILL, C. J,
On the 20th of May,-1887, the grand jury of Washington county Returned an indictment against the- appellant for arson. On the 25th day of the same ■month he waived arraignment, entered a plea of not guilty to the charge, and filed a motion for a change of venue. The court directed the cause to be removed to the Benton circuit court to be tried at its next September term, and caused the witnesses for the prosecution and defence to •enter into recognizance to appear in that court on the 13th ■of October — a day of the September term — to give testimony upon the trial to be had at…
2Cases cited8 opinions
- State v. JenningsSupreme Court of Missouri · 1883
- Thompson v. StateSupreme Court of Alabama · 1854
- Hibbard v. KirbySupreme Court of Arkansas · 1881
- Van Meter v. PeopleIllinois Supreme Court · 1871
- Castro v. CastroCalifornia Supreme Court · 1856
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3Cited by18 opinions
- State Ex Rel. Gladden v. LonerganOregon Supreme Court · 1954
- Pittman v. StateSupreme Court of Florida · 1906
- People v. CollinsCalifornia Supreme Court · 1925
- Miller v. StateWisconsin Supreme Court · 1909
- Tiner v. StateSupreme Court of Arkansas · 1913
13 more not listed; retrieve them via the Exa API.