People v. De Lacey
California Supreme Court
Appeal from the County Court, Amador County. The defendant was indicted for robbery. When the cause was called for trial he moved for a continuance on the ground of the absence of witnesses. The defendant stated in his affidavit that the desired witnesses resided at Sacramento, distant about forty-three miles from the place of trial. There was a counter > affidavit filed by "the District Attorney for the purpose of showing that the application was not made in good faith.
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Appeal from the County Court, Amador County. The defendant was indicted for robbery. When the cause was called for trial he moved for a continuance on the ground of the absence of witnesses. The defendant stated in his affidavit that the desired witnesses resided at Sacramento, distant about forty-three miles from the place of trial. There was a counter > affidavit filed by "the District Attorney for the purpose of showing that the application was not made in good faith. The Court denied the continuance, and the defendant was convicted. He then moved for a new trial, and assigned as error the…
1Opinion of the Court
By the Court,
Sawyer, J.
On the motion for continuance there was a counter affidavit tending strongly to show that the application was not made in good faith. And on the motion for new trial no effort appears to have been made to procure the affidavits of the absent witnesses to show that they could testify to the facts desired to be proved by them. One of the witnesses appears to be a police officer, and the other a keeper of a public house in Sacramento, and their affidavits could doubtless have been obtained. If not, the fact' could have been made to appear. This ground of the motion,…
2Cases cited2 opinions
- Frank v. BradyCalifornia Supreme Court · 1857
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