State v. . Lindsey
Supreme Court of North Carolina
Indictiibnt for Larceny tried at Fall Term, 1877, of Anson: Superior Court, before Seymour, J. t The eáfceptions of the defendants and the facts necessary to an understanding óf the case are sufficiently stated by Mr. Justice Rodman in delivering the opinion of this Court-Verdict of guilty. Judgment. Appeal by the defendants.
1Opinion of the CourtRodman, J.
The prisoners were indicted for larceny in. stealing a hog.
1. They moved the Court to continue the case, upon an affidavit of the absence of a witness, by whom they expected to prove an alibi: The Judge refused the motion on tha .ground that there were other witnesses present to prove the same facts. It has been often said, and it is obviously true, that no appeal will lie from an order continuing a cause, not only because such an order must necessarily be to some ■extent in the discretion of the Judge, but also because it would be impossible to reverse it beneficially. An order refusing a…
2Cases cited7 opinions
- State v. . GrahamSupreme Court of North Carolina · 1876
- State v. . Hill .Supreme Court of North Carolina · 1875
- Commonwealth v. DonovanMassachusetts Supreme Judicial Court · 1868
- People v. Hoy YenCalifornia Supreme Court · 1867
- Brooks v. HowardTexas Supreme Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- S. v. . EnglishSupreme Court of North Carolina · 1913
- State v. . SaulsSupreme Court of North Carolina · 1925
- Carson v. . DellingerSupreme Court of North Carolina · 1884
- State v. Blackley.Supreme Court of North Carolina · 1905
- State v. EnglishSupreme Court of North Carolina · 1913
18 more not listed; retrieve them via the Exa API.