Hemingway v. State
Mississippi Supreme Court
FROM the circuit court of the first district of Hinds county. HoN. J. B. Chrismah, Judge. The appellant was tried at the June term, 1890, of the circuit court, and convicted under an indictment charging him with the embezzlement of $315,61*2.19, received as treasurer of the state of Mississippi. The indictment contains three counts, the substance of each being set out in the opinion of the court.
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FROM the circuit court of the first district of Hinds county. HoN. J. B. Chrismah, Judge. The appellant was tried at the June term, 1890, of the circuit court, and convicted under an indictment charging him with the embezzlement of $315,61*2.19, received as treasurer of the state of Mississippi. The indictment contains three counts, the substance of each being set out in the opinion of the court. The term of office of the defendant as treasurer ended the first Monday in January, 1890, and it was alleged that he had failed to pay over to his successor all the money in his hands, and that there…
1Opinion of the CourtWoods, C. J.
1. The action of the trial court in refusing the defendant’s application for a continuance is presented for our consideration in the first assignment of error.
The application for continuance is addressed to the sound discretion of the court to which it is presented, and the action of the court on such application is not to be disturbed by the appellate tribunal, unless it is apparent that there has been a palpable abuse of that discretion. The application in this case rested upon the affidavit of the defendant, supported by the affidavit of Leroy Douglass, and states, in substance, that he,…
2Cases cited3 opinions
- Cheatham v. StateMississippi Supreme Court · 1889
- George v. StateMississippi Supreme Court · 1872
- Lamar v. StateMississippi Supreme Court · 1886
3Cited by26 opinions
- State v. ReinhartOregon Supreme Court · 1895
- State v. HartleyNevada Supreme Court · 1895
- State v. EgglestonOregon Supreme Court · 1904
- Ferguson v. StateMississippi Supreme Court · 1894
- Richburger v. StateMississippi Supreme Court · 1907
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