Coppersmith v. State
Supreme Court of Arkansas
Appeal'from Garland Circuit Court; Scott Wood, Judge; The motion for continuance should have been sustained. § 10 Art. 2, Const. 1874; 71 Ark. 182; 99 Ark 398; 21 Ark. 461. 1. Instruction No. 6 given by the court did not assume that Piovia’s evidence tended to show that defendant was connected with or interested in the gambling place, such assumption having been eliminated by the qualifying clause used by the court; but, if he thought it assumed such fact, defendant should…
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Appeal'from Garland Circuit Court; Scott Wood, Judge; The motion for continuance should have been sustained. § 10 Art. 2, Const. 1874; 71 Ark. 182; 99 Ark 398; 21 Ark. 461. 1. Instruction No. 6 given by the court did not assume that Piovia’s evidence tended to show that defendant was connected with or interested in the gambling place, such assumption having been eliminated by the qualifying clause used by the court; but, if he thought it assumed such fact, defendant should have made specific objection. 136 Ark. 272. 2. Instruction- No. 6 requested by the defendant was erroneous in assuming…
1Opinion of the CourtMcCulloch, C. J.
The indictment against appellant returned by the grand jury of Garland County is for the offense of operating a gambling house in the city of Hot Springs. It is charged in tie indictment that the gambling was conducted in a room, mentioning the number of the room, in a certain hotel in the city of Hot Springs.
When the case was called for trial, appellant presented a motion for continuance in order to procure the attendance of two absent witnesses, George Brown and Whitey Jackson, and the ruling of the court in refusing to postpone the trial is the principal assignment of error urged here for…
2Cases cited5 opinions
- Hogue v. StateSupreme Court of Arkansas · 1910
- Brinkley Car Works & Manufacturing Co. v. CooperSupreme Court of Arkansas · 1905
- Burnett v. StateSupreme Court of Arkansas · 1906
- Miller v. Fort Smith Light & Traction Co.Supreme Court of Arkansas · 1918
- St. Louis, Iron Mountain & Southern Railway Co. v. EvansSupreme Court of Arkansas · 1910
3Cited by2 opinions
- Murray v. StateSupreme Court of Arkansas · 1922
- Tarkington v. StateSupreme Court of Arkansas · 1922