Whit v. State
Mississippi Supreme Court
From the circuit court of Tate county. BCon. J. B. Boothe, Judge. Whit, the appellant, was indicted, tried, and convicted of murder, and appealed to the supreme court. He was erroneously denied a continuance by the court below. The facts upon which the decision turned are stated in the opinion of the court.
1Opinion of the CourtWhitfield, C. J.
The second application for a continuance should have been granted on the showing made by this record. The attorney-general, realizing this, has had filed here a certified copy of the *209original subpoena for Wat Bucket, showing that the subpoena was issued and executed May 4th, and an affidavit of the sheriff to the effect that the witness was present in court during the whole trial. But these papers were obtained after the adjournment of the court, and are not a part of this record, and cannot be looked to by us. If the original subpoena was on- file when this application was made, and the…
2Cited by3 opinions
- Craig v. StateMississippi Supreme Court · 1950
- Superior Oil Co. v. SmithMississippi Supreme Court · 1947
- Poole v. StateMississippi Supreme Court · 1956