State v. Shannehan
Supreme Court of Iowa
Appeal from Iowa District Court. Evidence in criminal cases : affidavit for continHANCE : EFFECT OF ADMITTING IT: IMPEACHING WITNESS, etc. — Tbe indictment charges tbe defendant witb tbe crime of manslaughter, alleging, in due form, the unlawful killing by him of one Jobn Sbanneban.
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Appeal from Iowa District Court. Evidence in criminal cases : affidavit for continHANCE : EFFECT OF ADMITTING IT: IMPEACHING WITNESS, etc. — Tbe indictment charges tbe defendant witb tbe crime of manslaughter, alleging, in due form, the unlawful killing by him of one Jobn Sbanneban. At tbe February Term, 1866, tbe defendant made a motion for a continuance, supported by affidavit, on account of tbe absence of one Dr. H. Huston, then in the military service of tbe Hnited States. Among other things, tbe affidavit for a continuance stated that tbe defendant expected to prove by tbe said witness “…
1Opinion of the CourtDillon, J.
1. Criminal law: evidence: effect of admitting continuance affidavit. To avoid the continuance, the State’s attorney was bound to admit “ that the witness, Dr. TIuston, would, if present, swear to the facts stated th© affidavit.” Rev., § 3013. And the statute provides that, in the event of such admission being made, “ the cause shall not be continued, but the party moving therefor shall read, as the evidence of such witness, the facts held by the court, to be sufficiently stated in the affidavit. Id.
To test the ruling complained of, it is to be taken that Dr. Huston was in court, and, as a…
2Cases cited3 opinions
- State v. RuhlSupreme Court of Iowa · 1859
- Pendleton v. . Empire Stone Dressing CompanyNew York Court of Appeals · 1859
- Samuels v. GriffithSupreme Court of Iowa · 1862
3Cited by6 opinions
- Miller v. StateWisconsin Supreme Court · 1909
- National Council, Knights & Ladies of Security v. OwenSupreme Court of Oklahoma · 1915
- North Chicago Street Railroad v. CottinghamAppellate Court of Illinois · 1892
- Hibbard v. ZenorSupreme Court of Iowa · 1891
- Williamson v. PeelSupreme Court of Iowa · 1870
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