State v. O'Flaherty
Nevada Supreme Court
Appeal from the District Court of the Ninth Judicial District, Elko County. The defendant having been convicted of an assault with intent to murder, as stated in the opinion, was sentenced to imprisonment in the state prison for the term of fourteen years.
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Appeal from the District Court of the Ninth Judicial District, Elko County. The defendant having been convicted of an assault with intent to murder, as stated in the opinion, was sentenced to imprisonment in the state prison for the term of fourteen years. I. If a defendant in a criminal case, when called for trial, finds himself unprepared, courts should be and usually are extremely indulgent in granting adjournments, even where it is simply expedient that a continuance should be had. 8 Graham & Waterman on N. T. 894; Turner v. Morrison, 11 Cal. 22 ; 28 Cal. 445 ; 6 Cow. 578; 7 Cow. 399; 9…
1Opinion of the Court
By the Court,
Garber, J.:
The appellant was convicted of an assault with intent to murder. He assigns for error the refusal of the court to grant him a continuance, for which he applied upon an affidavit, in which he deposed that one John Bradley was a necessary witness for him; that on the twenty-first day of November, 1870, the cause was set for trial on the first of December, 1870; that on-the twenty-second of November, he procured from the clerk a subpoena for said witness, and on the same day placed said subpoena in the hands of the sheriff for service; that the sheriff, as affiant is…
2Cases cited3 opinions
- People v. WilliamsCalifornia Supreme Court · 1864
- People v. FrancisCalifornia Supreme Court · 1869
- McDaniel v. StateMississippi Supreme Court · 1872
3Cited by19 opinions
- State v. SteevesOregon Supreme Court · 1896
- State v. WallaceWest Virginia Supreme Court · 1999
- State v. McClearNevada Supreme Court · 1876
- State v. FancherSupreme Court of Missouri · 1880
- Brass v. StateSupreme Court of Florida · 1903
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