Sanders v. State
Supreme Court of Alabama
Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Henry Sanders was convicted of murder in tbe first degree, and be appeals. Tbe bill of exceptions shows that several witnesses who bad been summoned for the defendant were not present, and, in' fact, only one witness was present; and it was stated by counsel for defendant that tbe witness present was a character witness, and knew nothing of tbe facts of tbe case.
Read the full summary
Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Henry Sanders was convicted of murder in tbe first degree, and be appeals. Tbe bill of exceptions shows that several witnesses who bad been summoned for the defendant were not present, and, in' fact, only one witness was present; and it was stated by counsel for defendant that tbe witness present was a character witness, and knew nothing of tbe facts of tbe case. On this showing tbe defendant based an application for continuance, which was declined; and it ivas not shown to the court what was expected to be proved by the…
1Opinion of the CourtMayfield, J.
The first error insisted upon is the refusal of the court to grant a continuance of the case on account 'of the absence of witnesses. It has been uniformly decided by this court that granting or refusing a continuance is a matter resting in the discretion of the trial court, and is not reversible on appeal.
The next assignment insisted upon is that the court erred in not laying the case over until the officers of the court had had the time to issue and return the compulsory process for the defendant’s witnesses, which the court had ordered issued, because it would be “an empty mockery to grant…
2Cases cited13 opinions
- Brown v. StateSupreme Court of Alabama · 1895
- Burns v. . ErbenNew York Court of Appeals · 1869
- Suell v. DerricottSupreme Court of Alabama · 1909
- Oliver v. StateSupreme Court of Alabama · 1850
- Cunningham & Son v. Baker, Peterson & Co.Supreme Court of Alabama · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Davis v. StateCourt of Appeals of Maryland · 1954
- Lawrence v. StateArizona Supreme Court · 1925
- Gibson v. StateSupreme Court of Alabama · 1915
- Timmons v. StateCourt of Criminal Appeals of Alabama · 1986
- Barquin v. Hall Oil Co.Wyoming Supreme Court · 1921
27 more not listed; retrieve them via the Exa API.