State v. Betsall
West Virginia Supreme Court
Writ of error to a judgment of the circuit court of Wood county, rendered on the 11th day of April 1877,' upon the verdict of a jury finding Frederick Betsall guilty of house-breaking, of which he stood indicted in said court. Hon. J. M. Jackson, Judge of the fifth judicial circuit, presided at the trial below.
Read the full summary
Writ of error to a judgment of the circuit court of Wood county, rendered on the 11th day of April 1877,' upon the verdict of a jury finding Frederick Betsall guilty of house-breaking, of which he stood indicted in said court. Hon. J. M. Jackson, Judge of the fifth judicial circuit, presided at the trial below. Johnson, Judge, who delivered the opinion of the Court, furnishes the following statement of the case: On the 9th day of April 1877, by a special grand jury, the defendant was indicted for house-breaking. The record of the finding shows, that the special grand jury “presented an…
1Opinion of the CourtJohnson, Judge
The first question we will consider is that raised in the third bill of exceptions: Did the court err in overruling the motion for a continuance? Upon the face of the affidavit, we think the defendantshowedhimself entitled to a continuance. He stated in his affidavit that he. had material witnesses, who resided in Marietta, Ohio; that their evidence would be material; that he had made efforts to get them; that without their evidence he could not safely go to trial; that he could not prove the same facts by any other witnesses, within his knowledge; that he had assurances that if he had until…
2Cases cited12 opinions
- Stocking v. StateIndiana Supreme Court · 1855
- Trustees of Brimfield v. Commissioners of PortageOhio Supreme Court · 1840
- State v. WolcottSupreme Court of Connecticut · 1851
- People v. DavisNew York Supreme Court · 1839
- State v. StebbinsSupreme Court of Connecticut · 1861
7 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Halstead v. HortonWest Virginia Supreme Court · 1894
- State v. HarrisonWest Virginia Supreme Court · 1892
- State v. BakerWest Virginia Supreme Court · 1889
- State v. DavisWest Virginia Supreme Court · 1986
- Nicholas v. KershnerWest Virginia Supreme Court · 1882
39 more not listed; retrieve them via the Exa API.