Legal Opinion

Lowe v. State

Court of Criminal Appeals of Oklahoma

Decided March 5, 1912No. A-959PublishedCited by 8 opinions

Appeal from District Court, Caddo County; Frank M. Bailey, Judge. William Lowe and Washeen Robinson were convicted of larceny, and appeal.

1Opinion of the CourtFurman, P. J.

There are three assignments of error urged for reversal of this cause. The first is that the court erred in overruling the motion for continuance on the ground of the absence of certain material witnesses.

An application for continuance is addressed to the sound discretion of the trial court, and unless there has been an abuse of this discretion, amounting to a practical denial of justice, a judgment of conviction will not be reversed on appeal. The witnesses were on bond for appearance at the trial. The subpoenas were issued about eight days before the case was called. Appellants made no…

2Cited by8 opinions

  1. Marks v. StateCourt of Criminal Appeals of Oklahoma · 1940
  2. Lane v. StateCourt of Criminal Appeals of Oklahoma · 1938
  3. Ex Parte ConwayCourt of Criminal Appeals of Oklahoma · 1947
  4. Rich v. StateCourt of Criminal Appeals of Oklahoma · 1930
  5. Paul v. StateCourt of Criminal Appeals of Oklahoma · 1928

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