State v. Temple
Supreme Court of Missouri
Appeal from Buchanan Criminal Court. — Ro». B. J. ■ Casteel, Judge. It was error to overrule the application of defendant for a continuance because of the absence of material witnesses and to force the defendant to trial on the same day that the information was filed against him. Miller v. U. S., 8 Olda. 315; Mopes v. State, 14 Tex.
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Appeal from Buchanan Criminal Court. — Ro». B. J. ■ Casteel, Judge. It was error to overrule the application of defendant for a continuance because of the absence of material witnesses and to force the defendant to trial on the same day that the information was filed against him. Miller v. U. S., 8 Olda. 315; Mopes v. State, 14 Tex. App. 129; State v. Hagan, 22 Kan. 490'; Salsbury v. Com., 79 Ky. 425; State v. Lewis, 1 Bay (S. C.) 1; State v. Pox, 79 Mo. 109; State v. Painter, 40 Iowa 298. The question of granting a continuance is lodged in the sound discretion of the. trial court, and unless…
1Opinion of the CourtGantt, J.
This is a prosecution begun by tbe prosecuting attorney of Buchgnan county, Missouri, by filing an information in the criminal court of tbat county, charging tbat defendant unlawfully, feloniously, on purpose, and of bis malice aforethought, made an assault and shot and struck William P. Gibson, with a certain revolver loaded with gunpowder and leaden balls, on tbe 14th day of May, 1904.
Tbe defendant was duly arraigned and entered bis plea of not guilty. On tbe 4th day of August, 1904, be made an application for a continuance, which was beard and overruled, and thereupon be made an…
2Cases cited18 opinions
- People v. HarringtonCalifornia Supreme Court · 1871
- State v. KringSupreme Court of Missouri · 1877
- State v. BrownSupreme Court of Missouri · 1904
- State v. DuncanSupreme Court of Missouri · 1893
- State v. SchoenwaldSupreme Court of Missouri · 1860
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3Cited by25 opinions
- Richard E. Loux and Neil Conrad Wallen v. United States of America, Vertis James Barrett, Arthur St. Peter Andharold Oscar Thomas v. United StatesCourt of Appeals for the Ninth Circuit · 1968
- Eaddy v. PeopleSupreme Court of Colorado · 1946
- State of Oregon v. LongOregon Supreme Court · 1952
- State v. MessinoSupreme Court of Missouri · 1930
- Blair v. CommonwealthCourt of Appeals of Kentucky · 1916
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