Jackson v. State
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court; George W. Hays, Judge; I. Under the circumstances of this case there has been an abuse of that discretion vested in trial courts with reference to continuances. The testimony of the absent witness was material in the identification of the hog.
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Appeal from Ouachita Circuit Court; George W. Hays, Judge; I. Under the circumstances of this case there has been an abuse of that discretion vested in trial courts with reference to continuances. The testimony of the absent witness was material in the identification of the hog. A continuance had been granted to the State to procure the attendance of a witness to identify the animal, and, considering the age and ignorance of the defendant, and the distance he lived from the town where his counsel resided, due diligence is shown in the efforts put forth to procure the attendance of defendant’s…
1Opinion of the Court
McCueeoch, G. J.
This is an appeal from a judgment of the 'circuit court of Ouachita County, convicting John Jackson of the crime of grand larceny, alleged to have been committed by stealing a hog, the property of one McAnulty. The first ground for reversal urged is that the court erred in overruling, defendant’s motion for continuance. He moved the court to grant a continuance in order to procure the attendance of a Mrs. Massey, who would have testified, if present, that she knew the hog which was killed by defendant, and knew that it was defendant’s hog, and that she purchased from him a…
2Cases cited4 opinions
- Johnson v. StateSupreme Court of Arkansas · 1894
- Lee v. StateSupreme Court of Arkansas · 1904
- Frazier v. StateSupreme Court of Arkansas · 1892
- Bloom v. StateSupreme Court of Arkansas · 1900
3Cited by15 opinions
- Benson v. StateSupreme Court of Arkansas · 1921
- St. Louis, Iron Mountain & Southern Railway Co. v. CarterSupreme Court of Arkansas · 1914
- McGaha v. StateSupreme Court of Arkansas · 1949
- Murchison v. StateSupreme Court of Arkansas · 1922
- Hardin v. StateSupreme Court of Arkansas · 1955
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