State v. Davies
South Dakota Supreme Court
Appeal irom Circuit Court, Tripp County. Hon. William Williamson, Judge. Thomas DaVijes, the defendant, was convicted1 of,.grand larceny, and he appeals. , If' it appears from the .nature of the 'case and all the .facts that a party' is entitled 'to a 'continuance,- dhe refusing to grant the -same would not he a. matter of sound judicial dis-cretion, but an abuse o-f discretion and therefore -error.. 9. Cyc.
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Appeal irom Circuit Court, Tripp County. Hon. William Williamson, Judge. Thomas DaVijes, the defendant, was convicted1 of,.grand larceny, and he appeals. , If' it appears from the .nature of the 'case and all the .facts that a party' is entitled 'to a 'continuance,- dhe refusing to grant the -same would not he a. matter of sound judicial dis-cretion, but an abuse o-f discretion and therefore -error.. 9. Cyc. P. 72. Jones v. State (Arkansas), 138 S. .W. 967; PIo-bbs;-.v. ; State, (Ga.), 68 S. E. 515; State against Hesterley (Mo.)-. 81 ■ S. W. 624, 103 Am. St. Rep. 634; Madison against State…
1Opinion of the CourtGates, J.
The defendant was- convicted of grand larceny. The precise o-ffense charged- -was the -stealing of -six -head of cattle 'belonging to -one Frank -Maul-i-s, a near neighbor -o-f defendant, -o-n February 21, 191-2. This- appeal is taken from the judgment and order denying -a new trial. The only assignments -o-f error -relied up-011 -are the action of the court in denying -the -motion of the defendant to -continue the case and- denying the motion for a new trial. The -case was called for trial on May 8, 1912, which was the same -date that the defendant .pleaded to- the information. Thereupon the…
2Cases cited5 opinions
- People v. McCannIllinois Supreme Court · 1910
- Bluman v. StateCourt of Criminal Appeals of Texas · 1893
- State v. PhillipsSouth Dakota Supreme Court · 1904
- State v. WilcoxSouth Dakota Supreme Court · 1907
- Chambers v. Modern Woodmen of AmericaSouth Dakota Supreme Court · 1904
3Cited by10 opinions
- State v. KarlenSouth Dakota Supreme Court · 1999
- State v. LohnesSouth Dakota Supreme Court · 1978
- State v. JohnsonSouth Dakota Supreme Court · 1955
- State v. LetcherSouth Dakota Supreme Court · 1996
- State v. BarcleySouth Dakota Supreme Court · 1975
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