Morphew v. State
Supreme Court of Arkansas
Appeal from Pike Circuit Court; James S. Steel, Judge; 1. ' Motion for continuance properly refused. It was a matter of discretion with the trial court, which this court will not interfere with except in a case of injustice. 2 Ark. 33; 8 Id. 119; 13 Id. 720; 19 Id. 92; 22 Id. 164; 24 Id. 599; 26 Id. 323; 34 Id. 720; 41 Id. 153; 54 Id. 243; 57 Id. 165; 61 Id. 88; 82 Ark. 105. 2. The inadmissible testimony was harmless, and prayer number four, refused, was extremely…
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Appeal from Pike Circuit Court; James S. Steel, Judge; 1. ' Motion for continuance properly refused. It was a matter of discretion with the trial court, which this court will not interfere with except in a case of injustice. 2 Ark. 33; 8 Id. 119; 13 Id. 720; 19 Id. 92; 22 Id. 164; 24 Id. 599; 26 Id. 323; 34 Id. 720; 41 Id. 153; 54 Id. 243; 57 Id. 165; 61 Id. 88; 82 Ark. 105. 2. The inadmissible testimony was harmless, and prayer number four, refused, was extremely argumentative and wholly without the province of the court in declaring the law.
1Opinion of the CourtHire, C. J.
Appellant, Hugh Morphew, was indicted for slander, in four counts. A demurrer was sustained to three of the counts, leaving the indictment effective only as to the second count, .which charged that in a conversation with Frank Kennedy, on the 15th of November, 1906, he used language which, in its ordinary acceptation, amounted to charging that one Anna Morrow had been guilty of fornication with him. The indictment was returned on the 21st day of September. He was arrested, and gave bond on the same day; and on the 25th he filed a motion for continuance in order to enable him to obtain the…
2Cited by3 opinions
- Morris v. StateSupreme Court of Arkansas · 1913
- Worley v. StateSupreme Court of Arkansas · 1976
- Pearce v. StateSupreme Court of Arkansas · 1910