Legal Opinion

Barling v. State

Supreme Court of Arkansas

Decided March 29, 1920PublishedCited by 2 opinions

Appeal from Johnson Circuit Court-; A. B. Priddy, Judge; 1. The court erred in refusing a continuance. 100 Ark. 301; 140 S. W. 8. Due diligence was shown. 110 Ark. 251; 129 Id. 290. 2. Defendant did not obtain a fair and impartial trial and the court erred in overruling the motion for a new trial and the supplemental motion therefor.

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Appeal from Johnson Circuit Court-; A. B. Priddy, Judge; 1. The court erred in refusing a continuance. 100 Ark. 301; 140 S. W. 8. Due diligence was shown. 110 Ark. 251; 129 Id. 290. 2. Defendant did not obtain a fair and impartial trial and the court erred in overruling the motion for a new trial and the supplemental motion therefor. There was no sufficient showing made'in the motion for continuance. 94 Ark. 172; 71 Id. 62. No abuse of discretion is shown. 100 Ark. 301; 57 Id. 168; 41 Id. 153.

1Opinion of the CourtSmith, J.

This appeal comes from a judgment sentencing appellant to a term in the penitentiary for selling intoxicating liquors, and as grounds for reversal it is insisted that error was committed in refusing him a continuance, and in overruling his supplementary motion for a new trial.

The motion for continuance contained three paragraphs. In the first paragraph it was alleged that appellant had used due diligence to obtain the attendance of a number of witnesses who would testify to his good character, and letters from two of these witnesses were read explaining their inability to attend. The motion…

2Cited by2 opinions

  1. Clark v. StateSupreme Court of Arkansas · 1922
  2. Burt v. StateSupreme Court of Arkansas · 1923

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