Nelms v. State
Mississippi Supreme Court
Appeal from the Circuit Court of De Soto County. Hon. Samuel Powell, Judge. The case is sufficiently stated in the opinion of the court. 1. The court below erred in refusing to grant the continuance. The gist of the application was that the defendant’s witnesses were in terror, and dared not testify.
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Appeal from the Circuit Court of De Soto County. Hon. Samuel Powell, Judge. The case is sufficiently stated in the opinion of the court. 1. The court below erred in refusing to grant the continuance. The gist of the application was that the defendant’s witnesses were in terror, and dared not testify. This applied to his kinsmen present as well as absent; and hence, though he stated he could prove the same facts by two of his kinsmen then in the county, we find they were not called. The reason of this is stated in the affidavit: that through fear they would not “testify to the facts in their…
1Opinion of the CourtGeorge, J.
The plaintiff in error was convicted of the murder of Rufus Armistead, and was sentenced to suffer the death-penalty. He complains of the judgment in the court below in several pai'ticulars, which we will now proceed to consider: —
1. There was no error in refusing the continuance. The granting of a continuance is in a great measure in the sound discretion of the court, and we do not think that discretion was abused. The defence relied on in the affidavit for a continuance and setup on the trial was an alibi. The accused admitted there were seyeral persons present by whom he could prove the…
2Cases cited2 opinions
- Browning v. StateMississippi Supreme Court · 1872
- Mixon v. StateMississippi Supreme Court · 1878
3Cited by17 opinions
- Holmes v. StateMississippi Supreme Court · 1985
- Young v. StateMississippi Supreme Court · 1984
- Newton v. StateMississippi Supreme Court · 1956
- Simmons v. StateMississippi Supreme Court · 1883
- Henry v. StateNebraska Supreme Court · 1897
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