Starr v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. JOHN Gill Shoeter. The appellant was indicted, at the Fall term, 1853, of the Circuit Court, for trading with a slave, the property of one Benjamin F. Randolph, without the consent of the master, owner or overseer.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. JOHN Gill Shoeter. The appellant was indicted, at the Fall term, 1853, of the Circuit Court, for trading with a slave, the property of one Benjamin F. Randolph, without the consent of the master, owner or overseer. Before the trial was commenced, the defendant submitted an affidavit for a continuance, on account of absent witnesses ; .“and the attorney general then stated to the court, that he would admit that the witnesses named in the affidavit would swear to the facts therein stated ; and upon this statement the court ruled…
1Opinion of the Court
CHILTON, C. J.- —
-1. We have uniformly held, that the granting or refusing of continuances is a matter resting in the sound discretion of the primary courts, and as such not revisable on error in this court. That the solicitor was put upon the admission of what the defendant’s absent witnesses would swear, was for the defendant’s benefit; and he ought not to be heard to complain, that the court, in the exercise of a discretionary power, superadded a condition for his advantage, which it might have omitted altogether, without committing an error for which its judgment could have been reversed.
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2Cases cited1 opinion
- Perry v. GrahamSupreme Court of Alabama · 1851
3Cited by5 opinions
- Mitchell v. StateAlabama Court of Appeals · 1922
- Campbell v. StateAlabama Court of Appeals · 1912
- Gilbert v. StateAlabama Court of Appeals · 1911
- Peterson v. StateSupreme Court of Alabama · 1879
- Strong v. Catlin's Adm'rSupreme Court of Alabama · 1861