Holub v. State
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; 1. A continuance should have been granted to enable defendant to procure the attendance of the witness, Toms. The motion was in due form, filed in a fit time, gave the names and residences of the witnesses and set out all the facts he expected to prove. The testimony was material and not merely cumulative.
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Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; 1. A continuance should have been granted to enable defendant to procure the attendance of the witness, Toms. The motion was in due form, filed in a fit time, gave the names and residences of the witnesses and set out all the facts he expected to prove. The testimony was material and not merely cumulative. Art. 2, § 10, Const.; 58 Ark. 549; 2 Id. 33; 10 Id. 527; 26 Id. 496; lb. 496. 2. It was error to allow Tankersly to testify after the motion for continuance was overruled as to a conversation with one purporting to be a deputy…
1Opinion of the Court
WOOD, J.,
(after stating the facts). I. This court, in cases too numerous to mention here, has held that continuances, in criminal as well as civil cases, are, as a general rule, within the sound discretion of the trial court, and a refusal to grant a continuance is never a ground for a new trial unless it is made to appear that such discretion has been abused to the prejudice of the defendant. In some of our cases much stronger language is used in announcing the law to the effect that in passing on motions for continuance this court will not disturb the ruling of the trial court unless it…
2Cases cited8 opinions
- Puckett v. StateSupreme Court of Arkansas · 1902
- Harshaw v. StateSupreme Court of Arkansas · 1910
- Burriss v. WiseSupreme Court of Arkansas · 1839
- Godard v. StateSupreme Court of Arkansas · 1911
- Loftin v. StateSupreme Court of Arkansas · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Gardner v. StateSupreme Court of Arkansas · 1978
- Chalkley v. HenleySupreme Court of Arkansas · 1928
- Jenkins v. StateSupreme Court of Arkansas · 1917
- Bankers' Fire Insurance v. WilliamsSupreme Court of Arkansas · 1928