State v. Berkley
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. GK IT. Burokhartt, Judge. (1) The court erred in refusing to allow a continuance until the succeeding term of the court on the ground set forth in the motion and affidavit of defendant.
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Appeal from Boone Circuit Court. — Hon. GK IT. Burokhartt, Judge. (1) The court erred in refusing to allow a continuance until the succeeding term of the court on the ground set forth in the motion and affidavit of defendant. Under the facts and circumstances disclosed by the affidavit, the “power of the court” for procuring the personal attendance of witnesses had not been so exhausted as to warrant the prosecuting attorney in admitting the statement of what the absent witnesses would prove, and invoking the operation of .section 1886 of the Revised Statutes. Nor was the court warranted in…
1Opinion of the CourtSherwood, J.
The defendant was indicted for the murder of Martin Carlos, by striking him with a club. The jury, before whom the cause was first tried, failed to agree; the second trial resulted in a conviction of murder in the second degree. The errors assigned relate to the refusal of a continuance; permitting the prosecuting attorney to admit that the absent witness, Hopkinson, would testify to the facts as set forth in the affidavit for a continuance, were he personally present; the giving and the refusing of certain instructions, and the failure to give an instruction in relation to a lower grade of…
2Cases cited4 opinions
- Ex Parte MilliganSupreme Court of the United States · 1867
- State v. PartlowSupreme Court of Missouri · 1886
- State v. HayesSupreme Court of Missouri · 1884
- State v. BarhamSupreme Court of Missouri · 1884
3Cited by38 opinions
- State v. BakerSupreme Court of Missouri · 1975
- Pittman v. StateSupreme Court of Florida · 1906
- State v. GilmoreSupreme Court of Missouri · 1888
- State v. HerrellSupreme Court of Missouri · 1888
- State v. Le BeauSupreme Court of Missouri · 1957
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