Walker v. State
Mississippi Supreme Court
Appeal from circuit court of Tishomingo county. Hon.-C. P. Long, Judge. Leek Walker was convicted of having intoxicating liquor in his possession, and he appeals. Tlie record shows that the only witness that could testify anything in behalf of the appellant was his wife.
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Appeal from circuit court of Tishomingo county. Hon.-C. P. Long, Judge. Leek Walker was convicted of having intoxicating liquor in his possession, and he appeals. Tlie record shows that the only witness that could testify anything in behalf of the appellant was his wife. His affidavit in support of his motion for a continuance sets out what he expects to prove by her, which is bound to be admitted by anyone was very material for his defense; thai she was properly subpoenaed, lived within the jurisdiction of the court, and that she was at home sick in bed with pneumonia, as is shown by the…
1Opinion of the CourtEthridge, J.
Leek Walker was indicted for having intoxicating liquors in his possession unlawfully and tried, convicted, fined, and sentenced to jail for said offense, and appeals. Walker made application for a continuance showing that his wife was a material witness in his defense and was the only witness the defendant had other than himself; that she was confined to her bed with pneumonia and was unable to attend court, and that she would testify, if present, that the defendant never had any liquor in his possession at the time, and that the state’s witness Reed *452pulled the whisky from his bosom, and…
2Cases cited3 opinions
- Scott v. StateMississippi Supreme Court · 1902
- Watson v. StateMississippi Supreme Court · 1902
- Caldwell v. StateMississippi Supreme Court · 1904
3Cited by2 opinions
- Bynum v. StateMississippi Supreme Court · 1962
- Whittington v. StateMississippi Supreme Court · 1952