People v. Ashnauer
California Supreme Court
Appeal from the County Court of Sacramento County. The defendant was indicted for an assault with intent to murder Amanda Butler. He was tried and convicted. The verdict was set aside, and a new trial was granted.
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Appeal from the County Court of Sacramento County. The defendant was indicted for an assault with intent to murder Amanda Butler. He was tried and convicted. The verdict was set aside, and a new trial was granted. Before proceeding to the second trial, he moved for a continuance upon an affidavit which, omitting the formal portions, was as follows: “ Frank Ashnauer, after being duly sworn on his oath, says he cannot with safety go to trial in the above-entitled action for the want of the testimony of one Daniel Shultz, who is a competent and material witness for him, and who is a necessary…
1Opinion of the Court
By the Court, Rhodes, J.:
The first point is that the Court erred in refusing to grant a continuance of the cause on the ground of the absence of a material witness for the defendant. The point cannot be entertained, because it is not presented by a bill of exceptions. Had it been properly presented it could not be sustained, because the affidavit does not show due diligence on *100the part of the defendant in procuring the testimony of the absent witness, nor that he can procure his attendance or his testimony at a subsequent' term of the Court; nor does 'it show that he cannot prove by other…
2Cited by11 opinions
- People v. TapiaCalifornia Supreme Court · 1901
- People v. EbanksCalifornia Supreme Court · 1897
- People v. KnutteCalifornia Supreme Court · 1896
- People v. LeyshonCalifornia Supreme Court · 1895
- Ford v. Superior CourtCalifornia Court of Appeal · 1911
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