Hubbard v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Panola County. Hon. A. T. Roane, Judge. The case is stated in the opinion of the court. The action of the court was erroneous in permitting the district attorney to propound interrogatories to the accused concerning his application for continuance. It may, however, be conceded, for argument’s sake, that the court only wished to elicit the one fact; whether or not the accused could prove the contents of his affidavit by any other witness.
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Appeal from the Circuit Court of Panola County. Hon. A. T. Roane, Judge. The case is stated in the opinion of the court. The action of the court was erroneous in permitting the district attorney to propound interrogatories to the accused concerning his application for continuance. It may, however, be conceded, for argument’s sake, that the court only wished to elicit the one fact; whether or not the accused could prove the contents of his affidavit by any other witness. Then, when this fact was ascertained, the court should have interfered, and not permitted the district attorney to proceed…
1Opinion of the CourtAenold, J.
Appellant was convicted of arson, and sentenced to ten years’ imprisonment in the penitentiary. He made application for continuance in the court below, on the ground of the absence of a witness by whom he expected to prove certain facts material to his defense. The district attorney objected to the continuance. Thereupon appellant presented his affidavit setting out the facts which he expected tó prove by the absent witness, and said he would go to trial if the district attorney would admit that the absent witness, if present, would swear to the facts contained in the affidavit. The district…
2Cases cited2 opinions
- Hurd v. PeopleMichigan Supreme Court · 1872
- March v. StateTexas Supreme Court · 1875
3Cited by2 opinions
- Boden v. RogersCourt of Appeals of Kentucky · 1952
- Hill v. StateMississippi Supreme Court · 1929