State v. Peters
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Ho». Joseph D. Perkins, Judge. (1) The matter of postponement of the trial in order to give the defendant an opportunity to procure the presence and the benefit of the testimony of witnesses, rested largely in the discretion of the court and’ the judgment should not be reversed unless it clearly appears that such discretion was abused, and unjustly exercised.
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Appeal from Jasper Circuit Court. — Ho». Joseph D. Perkins, Judge. (1) The matter of postponement of the trial in order to give the defendant an opportunity to procure the presence and the benefit of the testimony of witnesses, rested largely in the discretion of the court and’ the judgment should not be reversed unless it clearly appears that such discretion was abused, and unjustly exercised. State v. Newsum, 129 Mo. 162. (2) While the State may be allowed to endorse the name of a witness even after the trial has commenced, “hut if the defendant is taken by surprise thereby, the court…
1Opinion of the Court
WILLIAMS, C. —
Larceny. Defendant and one Mrs. T. J. Calvin were jointly charged with the crime of larceny of certain diamonds of the value of two hundred and ninety-five dollars. Upon application of ^ (jefen(jailt a severance was granted. Mrs. Calvin was tried first and the jury returned a verdict of guilty in her case while the'trial of the defendant was in progress. The defendant was found guilty and her punishment assessed at two years in the penitentiary.
The evidence tends to show that the diamonds, consisting of one large diamond ring and a pair of *339diamond earrings were stolen from the…
2Cases cited5 opinions
- State v. Chyo ChiagkSupreme Court of Missouri · 1887
- State v. SheltonSupreme Court of Missouri · 1909
- State v. MinorSupreme Court of Missouri · 1893
- State v. NewsumSupreme Court of Missouri · 1895
- State v. OldsSupreme Court of Missouri · 1909
3Cited by3 opinions
- State v. ReppleySupreme Court of Missouri · 1919
- State v. HuffmanMissouri Court of Appeals · 1983
- State v. GreenMissouri Court of Appeals · 1976