Jefferson v. State
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Bugene Lankford, Judge; Sickness of counsel for a party, or that of a member of his family, compelling his absence from the court, is a well recognized ground of continuance, and appellant’s motion for a continuance on that ground should have been granted. Hayne on New Trials, 182-3, and cases cited; 28 N. W. 79; 26 S. W. 60; 106 Ga. 108; 11 Pet. 226; 8 Phila. 342; 86 Va. 835; 10 Fa. 97; 56 Ga. 406; 36 la. 166. x.
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Appeal from Monroe Circuit Court; Bugene Lankford, Judge; Sickness of counsel for a party, or that of a member of his family, compelling his absence from the court, is a well recognized ground of continuance, and appellant’s motion for a continuance on that ground should have been granted. Hayne on New Trials, 182-3, and cases cited; 28 N. W. 79; 26 S. W. 60; 106 Ga. 108; 11 Pet. 226; 8 Phila. 342; 86 Va. 835; 10 Fa. 97; 56 Ga. 406; 36 la. 166. x. The jury are the sole judges of the weight and credibility of the evidence, and their verdict will not be disturbed unless there is a total want of…
1Opinion of the CourtMcCueeoch, J.
Appellant seeks, on two grounds, to reverse a judgment of conviction of the crime of grand larceny; first, that the court overruled a motion for continuance, and, next, that the evidence .is not sufficient to sustain the verdict.
The indictment was returned about two years before the trial below, and the case had been continued several times on motion of the State. The case had been put on trial at a former term, and a mistrial had been entered on account of the failure of the jury to agree. The attorney who had represented appellant was absent from the State on account of illness of his wife,…
2Cited by3 opinions
- Green v. StateCourt of Appeals of Arkansas · 1980
- James v. StateSupreme Court of Arkansas · 1910
- Roberts v. StateSupreme Court of Arkansas · 1973