Commonwealth v. Donovan
Massachusetts Supreme Judicial Court
Indictment for breaking and entering a building on November 21, 1867, in the night time, with intent to steal. At the trial in the superior court, before Putnam, J., at the close of the testimony introduced by the Commonwealth, the defendant’s counsel moved for the case to be continued, presenting as a basis for the motion the affidavit of Hannah Davis, a sister of the defendant, to the effect that Peter Boodro, a barber, was prevented by sickness from attendance as a…
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Indictment for breaking and entering a building on November 21, 1867, in the night time, with intent to steal. At the trial in the superior court, before Putnam, J., at the close of the testimony introduced by the Commonwealth, the defendant’s counsel moved for the case to be continued, presenting as a basis for the motion the affidavit of Hannah Davis, a sister of the defendant, to the effect that Peter Boodro, a barber, was prevented by sickness from attendance as a witness, who if present would testify that the defendant was in his barber’s shop at six o’clock on the evening of the day…
1Opinion of the CourtWells, J.
Such incidents of the trial as motions for con tinuance or postponement are within the discretionary power of the judge presiding, and are not open to exception or revision by this court. Reynard v. Brecknell, 4 Pick. 302, Converse v. Carter, 8 Allen, 568. The practice of allowing such motions, when made on account of the absence of a witness, to be met by a concession that the witness would testify as stated in the affidavit accompanying the motion, giving to it the force and effect of a deposition of the witness, is generally adopted in our courts in civil cases. It has also been allowed in…
2Cited by9 opinions
- Bartley v. PhillipsMassachusetts Supreme Judicial Court · 1944
- Commonwealth v. SoarisMassachusetts Supreme Judicial Court · 1931
- State v. SlorahSupreme Judicial Court of Maine · 1919
- Miller v. StateWisconsin Supreme Court · 1909
- State v. . LindseySupreme Court of North Carolina · 1878
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