Richie v. State
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; The court erred in overruling appellant’s motion for a continuance, whereby he was deprived of evidence, without fault of his own, which might have secured a verdict of acquittal. 71 Ark. 182; art. 2, § 10, Const. The motion for a continuance was properly overruled.
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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; The court erred in overruling appellant’s motion for a continuance, whereby he was deprived of evidence, without fault of his own, which might have secured a verdict of acquittal. 71 Ark. 182; art. 2, § 10, Const. The motion for a continuance was properly overruled. It does not set out facts to which the absent witness would testify from which the jury might draw a conclusion, but merely the effect of such testimony. Kirby’s Digest, § 6x73.
1Opinion of the CourtWood, J.
Appellant was convicted in the Jefferson Circuit Court of the crime of slander. The indictment charged in apt words that appellant had slandered one Bertha Kelly by telling one Dyson that he (appellant) had had sexual intercourse with her. Appellant moved to continue the cause on account of the absence of one John Terry who, if present, would testify “that he knew the said E. C. Ritchie had had sexual intercourse with the said Bertha Kelly.”
The motion on its face was not sufficient. Section 6173 of Kirby’s Digest provides that a motion for continuance shall be supported by an affidavit…
2Cited by3 opinions
- Claypool v. JohnstonSupreme Court of Arkansas · 1909
- Gooch v. StateSupreme Court of Arkansas · 1921
- Newhouse Mill & Lumber Co. v. KellerSupreme Court of Arkansas · 1912