Legal Opinion

Territory of Arizona v. Dooley

Arizona Supreme Court

Decided March 14, 1889No. Criminal No. 47PublishedCited by 12 opinions

APPEAL from a judgment of the District Court of the First Judicial District in and for the County of Pima. W- H. Barnes, Judge.

1Per curiam

Defendant-appellant was indicted and tried in the county of Pima for an assault with intent to murder. The first assignment of error was that the court refused to grant a continuance. The affidavits do not state that he expected at any time to procure the testimony of the witnesses. With such an uncertainty, a criminal case ought not to be continued. A continuance in a criminal action rests in the sound discretion of the court, and will not be reversed except in cases manifestly arbitrary and unjust. Brown v. State, 85 Tenn. 439, 2 S. W. 895.

The second assignment of error is the refusal of…

2Cases cited1 opinion

  1. Brown v. StateTennessee Supreme Court · 1887

3Cited by12 opinions

  1. State v. ThomasArizona Supreme Court · 1954
  2. MacIas v. StateArizona Supreme Court · 1929
  3. State v. SowardsArizona Supreme Court · 1965
  4. Dugan v. State of ArizonaArizona Supreme Court · 1939
  5. Allison v. OvensCourt of Appeals of Arizona · 1967

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