Bevis v. State
Supreme Court of Arkansas
Appeal from Eonoke Circuit Court; Bugene Lankford, Judge; 1. The refusal of a continuance was reversible error. Where a motion for continuance complies with every requirement of the law, and the evidence is material, and due diligence is shown, it is an abuse of discretion to refuse a continuance. 4 Enc.
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Appeal from Eonoke Circuit Court; Bugene Lankford, Judge; 1. The refusal of a continuance was reversible error. Where a motion for continuance complies with every requirement of the law, and the evidence is material, and due diligence is shown, it is an abuse of discretion to refuse a continuance. 4 Enc. PL & Pr. 845-6-7; 71 Ark. 180; 60 Id. 576; 42 Id. 274; 67 Id. 142; 60 Id. 564- 2. It was also error in allowing the State to challenge the juror McNew after he had twice been accepted by the parties, without good cause shown. Kirby’s Dig., § 2357; 63 Ark. 527-534; 76 Id. 84. 3. The court…
1Opinion of the CourtBattle, J.
The grand jury of the Lonoke Circuit Court, at the February, 1908, term, on the 7th day of February, 1908, filed in open court an indictment against Walter Bevis for murder in the second degree, committed by killing one J. W. Wilson.
On the 3d day of February, 1909, the defendant moved for a continuance as follows:
“•Comes the defendant, Walter Bevis, and asks a continuance of this cause until the next term of the court, and for grounds states that Cora Boacy is absent, and is a material witness in his behalf; that he used due diligence to procure the attendance of said witness, having caused…
2Cases cited5 opinions
- Brewer v. StateSupreme Court of Arkansas · 1904
- Caldwell v. StateSupreme Court of Arkansas · 1901
- Williams v. StateSupreme Court of Arkansas · 1897
- Glenn v. StateSupreme Court of Arkansas · 1902
- Terrell v. StateSupreme Court of Arkansas · 1901
3Cited by7 opinions
- Joiner v. StateSupreme Court of Arkansas · 1914
- Sheptine v. StateSupreme Court of Arkansas · 1918
- State v. BohannonOhio Court of Appeals · 1940
- Green v. StateSupreme Court of Arkansas · 1954
- Green v. StateSupreme Court of Arkansas · 1954
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