State v. Lewis
Supreme Court of Missouri
Appeal from Franklin Circuit Court. — Eon. Wm. A. Davidson, Judge. (1) The trial court erred in overruling’, over defendant’s objection, defendant’s motion for a continuance. The purpose of the law is to afford the accused an equal chance with the accuser, not only upon the trial of the cause, but also as to the means to prepare for the trial. This right of the accused is substantive; if this right is denied, the right of a fair and impartial trial is also denied.
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Appeal from Franklin Circuit Court. — Eon. Wm. A. Davidson, Judge. (1) The trial court erred in overruling’, over defendant’s objection, defendant’s motion for a continuance. The purpose of the law is to afford the accused an equal chance with the accuser, not only upon the trial of the cause, but also as to the means to prepare for the trial. This right of the accused is substantive; if this right is denied, the right of a fair and impartial trial is also denied. The fact that the court assigned defendant counsel and thereupon by its action separated defendant from his counsel until the…
1Opinion of the CourtBurgess, J.
Defendant was convicted in the circuit court of Franklin county of murder in the first *243degree, and his punishment fixed at death, under an information filed by the prosecuting attorney of said county, charging him and one William Rudolph with having shot to death with a pistol one Charles J. Schumacher at said county on the 24th day of January, 1903. The case is before us upon defendant’s appeal for review.
On the night of December 26, 1902, the Bank of Union at Union, Missouri, in Franklin county, was burglarized by two men. It afterwards developed that these two men were the defendant, Fred…
2Cases cited10 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- State v. WintzingerodeOregon Supreme Court · 1881
- State v. SpraySupreme Court of Missouri · 1903
- State v. TurlingtonSupreme Court of Missouri · 1890
- State v. KennedySupreme Court of Missouri · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re TalleyCourt of Criminal Appeals of Oklahoma · 1910
- State v. RuckSupreme Court of Missouri · 1906
- State v. SchnettlerSupreme Court of Missouri · 1904
- State v. KnightonMissouri Court of Appeals · 1975
- State v. PizzellaSupreme Court of Missouri · 1987
8 more not listed; retrieve them via the Exa API.