State v. Henry
New York Court of General Session of the Peace
Warner I. Henry and Joseph Henry were indicted for larceny, and were brought to trial before a jury. During the trial, a nolle prosequi was entered as to Joseph Henry, and a verdict of guilty was returned against Warner I. Henry. Whereupon there was a motion for new trial and in arrest of judgment on the ground of the refusal of the court to continue the case on application, of defendants, supported by affidavits. Motion refused. Warner I. Henry brings error.
Read the full summary
Warner I. Henry and Joseph Henry were indicted for larceny, and were brought to trial before a jury. During the trial, a nolle prosequi was entered as to Joseph Henry, and a verdict of guilty was returned against Warner I. Henry. Whereupon there was a motion for new trial and in arrest of judgment on the ground of the refusal of the court to continue the case on application, of defendants, supported by affidavits. Motion refused. Warner I. Henry brings error. On May eighth the defendants filed an affidavit setting forth the absence from the state of material witnesses, and moved for a…
1Opinion of the CourtRice, J.
[1] A continuance of a case is a matter within the discretion of the court. The purpose of requiring an affidavit to accompany the motion for a continuance is to acquaint the court with the facts upon which the motion is based, so that the discretion reposed in the court may be by it reasonably exercised. When the accused in a criminal case requests a continuance, and there is objection made, the court will not grant it unless it is satisfied from the affidavit that there is an absent witness; that the facts to which he is expected to testify, as stated, show his testimony to be material and…
2Cases cited34 opinions
- Isaacs v. United StatesSupreme Court of the United States · 1895
- Walker v. StateSupreme Court of Alabama · 1890
- Hoyt v. PeopleIllinois Supreme Court · 1892
- Hall v. VanderpoolSupreme Court of Pennsylvania · 1893
- Smith v. . AlkerNew York Court of Appeals · 1886
29 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Roache v. CharneySupreme Court of Delaware · 2012