State v. Strattman
Supreme Court of Missouri
Appeal from Osage Circuit Court.—Hon. Rudolph Hirzel, Judge. (1) The court erred in refusing the continuance as asked by defendant.
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Appeal from Osage Circuit Court.—Hon. Rudolph Hirzel, Judge. (1) The court erred in refusing the continuance as asked by defendant. This court having ruled in State v. Dyke, 96 Mo. 298, and like cases, that the state cannot deprive the defendant of his right to a continuance by consenting that he may read on the trial the matters set out in his affidavit for continuance as the testimony of the absent witnesses, it follows, we submit, that it becomes unnecessary to set out in the application the facts to which the absent witness would testify. (2) The court should have sustained the demurrer…
1Opinion of the CourtSherwood, J.
At the April .term, 1886, of the Osage circuit court, the defendant was indicted under the provisions of section 1260, Revised Statutes, 1879. The indictment is in proper form, and charges that defendant, on the fourth day of July, 1885, defiled one Mary Berhorst, a female under the age of eighteen years, who had been confided to the care and protection of defendant by her father; and that such criminal act was done while she was in the care, custody and employment of the defendant.
The defendant was tried at the April term, 1887, the trial resulting in a verdict of guilty, and an assessment…
2Cases cited3 opinions
- State v. PagelsSupreme Court of Missouri · 1887
- State v. WoolaverSupreme Court of Missouri · 1882
- State v. YoungSupreme Court of Missouri · 1889
3Cited by13 opinions
- State v. HameySupreme Court of Missouri · 1902
- State v. SibleySupreme Court of Missouri · 1895
- Lovell v. DavisMissouri Court of Appeals · 1893
- State v. MaupinSupreme Court of Missouri · 1906
- State v. StoneSupreme Court of Missouri · 1891
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