State v. Jennings
Supreme Court of Missouri
Appeal from Henry Girouit Court.—IIon. J. B. Gantt, Judge. The court erred in overruling defendant’s application for a continuance. The witness, Peerey, had been duly subpoenaed, but was injured and taken sick but a few days before the trial, and could not attend, and the application being made at tbe term at which the indictment was found, the court ought to have given the defendant the benefit of the personal presence of the witness before the jury.
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Appeal from Henry Girouit Court.—IIon. J. B. Gantt, Judge. The court erred in overruling defendant’s application for a continuance. The witness, Peerey, had been duly subpoenaed, but was injured and taken sick but a few days before the trial, and could not attend, and the application being made at tbe term at which the indictment was found, the court ought to have given the defendant the benefit of the personal presence of the witness before the jury. An attachment in this case would have been of no avail, as the witness was sick and unable to attend court, as the court found by holding that…
1Opinion of the CourtNorton, J.
The defendant was indicted in the circuit *188court of Henry county at its Decemberterm, 1882, and at the same term, on the 12th of January, 1888, defendant applied for a continuance because of the absence of two material witnesses, both of whom had been subpoenaed; but in consequence of sickness were unable to attend the trial. Upon the admission of the prosecuting attorney that the witnesses, if present, would testify as stated in the affidavit, and that such statement might be read as their evidence, the court overruled the application and the trial proceeded, which resulted in the conviction…
2Cases cited8 opinions
- State v. KellySupreme Court of Missouri · 1881
- State v. BabbSupreme Court of Missouri · 1882
- State v. VansantSupreme Court of Missouri · 1883
- State v. HickmanSupreme Court of Missouri · 1882
- Gray v. YatesSupreme Court of Missouri · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. TaylorSupreme Court of Missouri · 1893
- State v. HubbardSupreme Court of Missouri · 1943
- State v. Le BeauSupreme Court of Missouri · 1957
- State v. MaggardSupreme Court of Missouri · 1913
- State v. HowellSupreme Court of Missouri · 1890
14 more not listed; retrieve them via the Exa API.