Legal Opinion

Lundy v. State

Mississippi Supreme Court

Decided October 15, 1870PublishedCited by 3 opinions

Error to tlie circuit court of Hinds county. Beown, J". The facts appear in the opinion of the court, ’On the'point of the' application for a 'continuance,' cited Browning'v.'the State, 30 Miss., 454 ; "Arch. Of.

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Error to tlie circuit court of Hinds county. Beown, J". The facts appear in the opinion of the court, ’On the'point of the' application for a 'continuance,' cited Browning'v.'the State, 30 Miss., 454 ; "Arch. Of. Pr'. and PI'., 566, 'et seq. and notes ; Ogle'v.' the State,'33 Miss., 363. On the'point'of the motion for a new trial, cited 2 Graham & Waterman on New Trials. 39 et seq.'&ivl notes ; 1 ib., 2'09 ; 3 ib., 936 and notes. ' ' " ' He commented on the facts, and applied certain principles contained in the'dbove authorities.’ " ' '"" We appeal to the discretion of the court, as to…

1Opinion of the Court

TabbelIi, T.:

At the September term, 1870, of the circuit court of the first .district of Hinds county, the plaintiff in error was indicted, tried, and conyicted of a charge of assault, with intent to kill, one Wiley Covington.

The indictment was presented and filed September 12th, and the accused was arraigned and pleaded not guilty on the same day. On the 23d day of the same month, a motion *673for the continuance of the cause was made by defendant upon an affidavit of the said Robert B. Lundy, stating that “ he is unable and cannot safely go to trial in consequence of the absence of Ira Curtis,…

2Cases cited1 opinion

  1. Ogle v. StateMississippi Supreme Court · 1872

3Cited by3 opinions

  1. State v. HastySupreme Court of Iowa · 1903
  2. Stewart v. StateMississippi Supreme Court · 1874
  3. Parker v. StateMississippi Supreme Court · 1877

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