Barling v. State
Supreme Court of Arkansas
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…
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