Brumfield v. State
Mississippi Supreme Court
Appeal 'from the circuit court of Pike county. Hon. D. M. Miller, Judge. Sam Brumfield was convicted of assault and appeals. The facts are fully stated in the opinion of the court.. This case should be reversed and remanded for the reason that the trial court required the defendant to go to trial without his material eyewitnesses, viz.: Tom May and Robert Conerly.
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Appeal 'from the circuit court of Pike county. Hon. D. M. Miller, Judge. Sam Brumfield was convicted of assault and appeals. The facts are fully stated in the opinion of the court.. This case should be reversed and remanded for the reason that the trial court required the defendant to go to trial without his material eyewitnesses, viz.: Tom May and Robert Conerly. The court will observe that the formal application for a continuance was not made and does not appear in the transcript. It will appear from the record that the court assured the counsel for defendant that he would have the…
1Opinion of the Court · SmithSmith, C. J.
When this case was called for trial, appellant announced that he was not ready because of the absence of several material witnesses, who had been duly subpoenaed and were within the jurisdiction of the court, but were not then present. At the suggestion of the judge the trial was proceeded with, upon the understanding that the witnesses would be brought into court in time to testify in appellant’s behalf. One of appellant’s assignments of error is that these witnesses were not brought into court as the trial judge had promised, and, since he was deprived of their testimony, he should be…
Also in this document: Opinion of the Court · Smith.
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