State v. Sater
Supreme Court of Iowa
Appeal from the Des Moines District Court. At the January term, 1859, of the Des Moines district conrt, the defendant was indicted for stealing a horse, and ñled a plea of not guilty.
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Appeal from the Des Moines District Court. At the January term, 1859, of the Des Moines district conrt, the defendant was indicted for stealing a horse, and ñled a plea of not guilty. Pie then tiled a motion for a continuance, on the ground of the absence of witnesses, alleging in his affidavit, that he expected to prove by the said witnesses, that he did not steal said horse, as charged in the indictment; that at the time said horse was stolen, the defendant was at another and different place, and also other facts which will establish the innocence of defendant; and that he cannot prove said…
1Opinion of the Court
Stockton, J:
The first motion for a continuance was properly overruled. The affidavit on which it was founded, although it states the names, does not state the residence of the absent witnesses, whose testimony was desired; nor does it state, with sufficient particularity, the facts expected to be proved by them ; nor that the defendant knew of no other witness by whom such facts could be fully proved.
*424The second motion for a continuance was overruled, for the reason that the counsél for the state stipulated to admit, that the witnesses, if present, would swear to the facts stated in the…
2Cases cited1 opinion
- State v. HinkleSupreme Court of Iowa · 1858
3Cited by10 opinions
- State v. OstranderSupreme Court of Iowa · 1865
- State v. CroffordSupreme Court of Iowa · 1903
- Cotton v. StateMississippi Supreme Court · 1872
- State v. RalstonSupreme Court of Iowa · 1908
- State v. LawrenceSupreme Court of Iowa · 1873
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