Davidson v. State
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; J. M. Jaclcson, Judge; STATEMENT BY THE COURT. Appellant was indicted for murder in the first degree. He moved for a continuance upon the ground of the absence of Lee Bush, a material witness, setting out what he expected to prove by him, and stated that the witness was within the jurisdiction of the court and he believed could have him present at the next term.
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Appeal from Phillips Circuit Court; J. M. Jaclcson, Judge; STATEMENT BY THE COURT. Appellant was indicted for murder in the first degree. He moved for a continuance upon the ground of the absence of Lee Bush, a material witness, setting out what he expected to prove by him, and stated that the witness was within the jurisdiction of the court and he believed could have him present at the next term. The motion being overruled, he filed a petition for a change of venue, supported by the affidavits of G. E. Penn and N. T. Guthrie. The court examined the affiants, one of whom (Penn) stated that he…
1Opinion of the Court
Kirby, J.,
(after statihg the facts). It is first contended that the court erred in denying the motion for a continuance. The court found that on May 1 the case was set for trial on the 22d, thereafter, and that shortly thereafter the defendant caused a subpoena to be issued directed to the sheriff of Prairie County, for the absent witness, not giving the sheriff any information.as to Ms whereabouts, and had not made any effort to have the subpoena returned. Besides, the testimony of this witness was largely cumulative of that introduced. Half a dozen or more people, all of whom saw the…
2Cases cited4 opinions
- Jackson v. StateSupreme Court of Arkansas · 1910
- Decker v. StateSupreme Court of Arkansas · 1908
- Williams v. StateSupreme Court of Arkansas · 1911
- Wolfe v. StateSupreme Court of Arkansas · 1913
3Cited by2 opinions
- Sneed v. StateSupreme Court of Arkansas · 1920
- Crawford v. StateSupreme Court of Arkansas · 1918