Skates v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Host. T. J. Whapton, Judge. In 1880 George Skates was indicted for murder. When his case was called at the February term, 1887, of the circuit court, he applied for a continuance, because of the absence from the State of the physician who attended deceased in his last illness, by whom he expected to prove that the wound inflicted on deceased did not cause or contribute to his death, but that he died of pneumonia.
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Appeal from the Circuit Court of Hinds County. Host. T. J. Whapton, Judge. In 1880 George Skates was indicted for murder. When his case was called at the February term, 1887, of the circuit court, he applied for a continuance, because of the absence from the State of the physician who attended deceased in his last illness, by whom he expected to prove that the wound inflicted on deceased did not cause or contribute to his death, but that he died of pneumonia. This witness lived in the State of Texas, and the application showed no other ground to believe his attendance could be procured than…
1Opinion of the CourtCooper, C. J.
The application for a continuance was properly refused by the court. The offense for which the appellant has been convicted was committed more than six years before the trial. Immediately thereafter he fled from the State and remained away until a short time before the trial. In the mean time, the witness on account of whose absence the continuance was applied for had removed from the State and is still a non-resident. For anything that appears in the record his attendance might have been procured for years after the indictment was preferred against the appellant, who has *651by his own conduct…
2Cases cited6 opinions
- Woods v. StateMississippi Supreme Court · 1871
- Nelms v. StateMississippi Supreme Court · 1872
- Organ v. StateMississippi Supreme Court · 1872
- Durr v. StateMississippi Supreme Court · 1876
- Riggs v. StateMississippi Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- King v. StateMississippi Supreme Court · 1982
- Rayner v. LindseyMississippi Supreme Court · 1962
- Harper v. StateMississippi Supreme Court · 1903
- Clisby v. Mobile & Ohio RailroadMississippi Supreme Court · 1901
- Pepper v. StateMississippi Supreme Court · 1946
10 more not listed; retrieve them via the Exa API.