Huskey v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before the Hon. E. B. Almon. Tbe appellant was indicted, tried and convicted for the larceny of a cow, the personal property of Lucy Burns, and was sentenced to the penitentiary for five years.
Read the full summary
Appeal from the Circuit Court of Colbert. Tried before the Hon. E. B. Almon. Tbe appellant was indicted, tried and convicted for the larceny of a cow, the personal property of Lucy Burns, and was sentenced to the penitentiary for five years. When the case was called for trial the bill of exceptions recited that “defendant moved the court to •grant- him a continuance of the cause on the grounds that three of his witnesses were absent and unable to attend the court, viz.: E. P. Huslcey, John Huskey and •J. P. Stanfield; defendant proved by the clerk that tbe witnesses bad been duly summoned and…
1Opinion of the Court
HANALSÜN, J.
A continuance of a cause is gen: erallv addressed to the judicial discretion of the court, and is of a class not revised by a superior 'court, unless a plain case of the abuse of such discretion has been presented.—Walker v. The State, 117 Ala.85.
In this case, the defendant proved that three of his witnesses, whose names were given, had been duly summoned; and he offered to prove that they were sick in bed and unable to attend court. On these grounds he moved the court for a continuance of the cause, which the court refused to grant, but put the State upon a written admission of…
2Cases cited6 opinions
- White v. StateSupreme Court of Alabama · 1888
- Davis v. StateSupreme Court of Alabama · 1890
- Kilgore v. StateSupreme Court of Alabama · 1899
- Yeldell v. StateSupreme Court of Alabama · 1893
- Frost v. StateSupreme Court of Alabama · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Young v. StateCourt of Criminal Appeals of Alabama · 1982
- May v. StateSupreme Court of Florida · 1925
- Bridges v. StateSupreme Court of Alabama · 1932
- Jackson v. StateCourt of Criminal Appeals of Alabama · 1987
- Jackson v. StateSupreme Court of Alabama · 1940
13 more not listed; retrieve them via the Exa API.