State v. Hollenscheit
Supreme Court of Missouri
Error to Gasconade County Circuit Court. I. The court-below erred in overruling the application for a continuance. T-liis court will interfere with the action of the court below .in overruling applications for continuance when the discretion of the lower court has been exercised unjustly and unsoundly. Such is the present case. (State vs. Klinger, 43 Mo., 127 ; see also, 6 Gill & Johns.. 269 ; 6 Vt., 496 ; 3 Wliart. Cr.
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Error to Gasconade County Circuit Court. I. The court-below erred in overruling the application for a continuance. T-liis court will interfere with the action of the court below .in overruling applications for continuance when the discretion of the lower court has been exercised unjustly and unsoundly. Such is the present case. (State vs. Klinger, 43 Mo., 127 ; see also, 6 Gill & Johns.. 269 ; 6 Vt., 496 ; 3 Wliart. Cr. Law., § 1027; id., foot p. 109, and note; State vs. Stokes, 18 Ga., 17; Campbell vs. People 15 111., 17 ; State vs. Sloan, 47 Mo.,'610; Cornelius vs. Comm., 15 B. Monr. 539.-)…
1Opinion of the Court
'Wagner, Judge,
delivered the opinion of the court.
At the July special term of the Gasconade circuit court, convened under the provisions of the statute for trying the prisoners, they being at that time in jail, the defendant.Henrv Hollenscheit, was indicted for murder in the first degree, in killing one Alband ; and his wife Anna was also included in *305the indictment as being present, aiding and abetting and assisting him. Upon their application, a continuance was granted till the November term of the court, and at that term they filed their affidavit and application for a second continuance,…
2Cases cited1 opinion
- State v. DavisSupreme Court of Missouri · 1860
3Cited by18 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- State v. BarringtonSupreme Court of Missouri · 1906
- State v. Albert & Charles TalbottSupreme Court of Missouri · 1881
- State of Arizona v. LeviceArizona Supreme Court · 1942
- State v. WardSupreme Court of Missouri · 1881
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