Carter v. State
Mississippi Supreme Court
Appeal from the circuit court of Lincoln county. Hon. D. M. Miller, Judge. Kate Carter was convicted of unlawful retailing and appeals. The facts are fully stated in the opinion of the court. We submit that it was highly improper to take the court and prisoner, after she had rested her case, or any other time, out of the courthouse and go over town or the county with them to the homes of sick witnesses.
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Appeal from the circuit court of Lincoln county. Hon. D. M. Miller, Judge. Kate Carter was convicted of unlawful retailing and appeals. The facts are fully stated in the opinion of the court. We submit that it was highly improper to take the court and prisoner, after she had rested her case, or any other time, out of the courthouse and go over town or the county with them to the homes of sick witnesses. We cite on this section 1195 of Dr. Bishop’s New Criminal Procedure, vol. 1. In this section it is said by way of explanation, “For it cannot adjourn to his house,” meaning the court. If the…
1Opinion of the Court
Whitfield, C.
Appellant made application for a continuance in due form of law on account of the absence of Jim Strickland, a material witness, who was very ill at his home in the town where the court was held. The court overruled the application, and then, over the earnest protest of the defendant, adjourned the whole court, parties, sheriff, clerk, district attorney, etc., to the home of the witness Jim Strickland, and there tendered the witness to counsel for appellant for examination. To all this the counsel for appellant earnestly objected, and declined to examine the witness, stating that…
2Cited by8 opinions
- Hamblin v. Superior CourtCalifornia Supreme Court · 1925
- Commonwealth v. HandrenMassachusetts Supreme Judicial Court · 1927
- Brown v. StateMississippi Supreme Court · 1955
- Mell v. StateSupreme Court of Arkansas · 1918
- Commonwealth v. TrinkleSupreme Court of Pennsylvania · 1924
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