State v. Brown
Supreme Court of Louisiana
A PPEAL from the First District Court, Parish of Caddo. Hieles, J. 1. The action of the court below in denying a motion for a continuance, will not be reversed in the absence of a showing that the court has abused its discretion.
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A PPEAL from the First District Court, Parish of Caddo. Hieles, J. 1. The action of the court below in denying a motion for a continuance, will not be reversed in the absence of a showing that the court has abused its discretion. The matter of continuance is within the sound discretion of the district-court, and the Supreme Court will not interfere in such matter unless the action of the lower court involves palpable injustice. 31 Ann. 179; 82 Ann. 1003 in particular. 33 Ann. 202, 681; 36 Ann. 153, 852. 2. It must be an arbitrary and oppressive exercise of power on the part of the court in re…
1Opinion of the Court
The. opinion of the Court was delivered by
Poché, J.
Henry Brown, the appellant, and several others were jointly indicted for conspiracy and murder. Before his trial, the case was continued as to one of the defendants, and a nolle prosequi en*727tered as to the others, confining the trial to Henry Brown alone, who was convicted of murder, and sentenced to death.
On appeal, his counsel complain of numerous errors to his prejudice, but the conclusion which we have reached as to one of those complaints obviates a discussion of all others.
In his general charge to the jury the trial judge instructed them…
2Cited by10 opinions
- State v. PorterSupreme Court of Louisiana · 1994
- State v. BirbigliaSupreme Court of Louisiana · 1920
- State v. VialSupreme Court of Louisiana · 1923
- State v. WrightSupreme Court of Louisiana · 1900
- State v. CookSupreme Court of Louisiana · 1906
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