Legal Opinion

State v. Page

Supreme Court of Missouri

Decided May 19, 1908PublishedCited by 17 opinions

Appeal from Scotland Circuit Court. — Row. Chas. D. Stewart, Judge. (1) The application for continuance speaks for itself. It shows the utmost diligence to obtain the evidence, and the materiality of it.

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Appeal from Scotland Circuit Court. — Row. Chas. D. Stewart, Judge. (1) The application for continuance speaks for itself. It shows the utmost diligence to obtain the evidence, and the materiality of it. A party resting under so grave a charge, when he had used every means known to him to obtain important evidence, should not be forced to trial when he shows he was acting in the best of faith, and asking for a continuance only for the purpose that he might have the benefit of evidence he knew existed, and had all reason to believe could be later obtained, that would exonerate him from blame…

1Opinion of the CourtFox, P. J.

— This cause is brought to this court by appeal from a judgment of conviction of the defendant of murder in the second degree in the Scotland Circuit Court. The information upon which this prosecution is predicated was an amended one and filed in the circuit court of Scotland county on May 15, 1905. Omitting formal parts, it charged the defendant with the offense of murder of the first degree in the following form:

“John E. Luther, prosecuting attorney within and for the county of Scotland and State of Missouri, on his oath of office informs the court and charges the fact to be that the…

2Cases cited16 opinions

  1. Pierson v. . the PeopleNew York Court of Appeals · 1880
  2. Jackson v. HardinSupreme Court of Missouri · 1884
  3. Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
  4. State v. GilmoreSupreme Court of Missouri · 1888
  5. State v. MartinSupreme Court of Missouri · 1894

11 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. State v. ShawleySupreme Court of Missouri · 1933
  2. Russ v. StateSupreme Court of Florida · 1957
  3. State v. KenyonSupreme Court of Missouri · 1939
  4. State v. RounerSupreme Court of Missouri · 1933
  5. State v. ParkerMissouri Court of Appeals · 1964

12 more not listed; retrieve them via the Exa API.

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