State v. Bailey
Supreme Court of Missouri
Appeal from Clark Circuit Court. — Hon. Ben. E. Turner-, Judge. (1) The court should have sustained defendant’s motion and granted him a continuance. Rice v. Melendy, 36 Iowa, 166; Jarms r. Shaddock, 60 111. 378. (2) The court should not have allowed the prosecuting attorney to file counter-affidavits in the matter of defendant’s application for a continuance.
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Appeal from Clark Circuit Court. — Hon. Ben. E. Turner-, Judge. (1) The court should have sustained defendant’s motion and granted him a continuance. Rice v. Melendy, 36 Iowa, 166; Jarms r. Shaddock, 60 111. 378. (2) The court should not have allowed the prosecuting attorney to file counter-affidavits in the matter of defendant’s application for a continuance. State v. Scott, 44 Iowa, 93; Quincy Whig Co. v. Tiltson, 67 111. 351; Manning v. Jamison, 1 Cranch,- 66, 285; LinmTte v. Golding, 11 Ind. 285. (3) The court should have sustained defendant’s motion for a new trial upon the ground of…
1Opinion of the CourtSherwood, J.
The defendant, Bailey, was indicted under the provisions of Revised -Statutes, section 1263, for an assault with intent to kill one Horton, by shooting him with a pistol. Being tried, he was convicted and sentenced to imprisonment in the penitentiary for the term of two years and six months. The errors assigned are : (1) Refusal to grant a continuance of the cause, applied for on the ground of the sickness of one of the defendant’s counsel; (2) permitting the prosecuting attorney to resist the granting of a continuance by filing counter-affidavits ; (3) denying the motion of the defendant for…
2Cases cited3 opinions
- State v. DownsSupreme Court of Missouri · 1886
- Riggs v. FentonSupreme Court of Missouri · 1831
- Gaston v. KelloggSupreme Court of Missouri · 1886
3Cited by29 opinions
- State v. EvansOregon Supreme Court · 1920
- Miller v. StateWisconsin Supreme Court · 1909
- State v. DettmerSupreme Court of Missouri · 1894
- State v. SassamanSupreme Court of Missouri · 1908
- State v. JenningsSupreme Court of Missouri · 1930
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