State v. Hickman
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Hon. James B. Gantt, Judge. The action of the court below in overruling the two motions for continuance, (vide Rec. pp. 13 and 17,) and compelling appellant to trial on .the day after arraignment and before a reasonable time had elapsed for the return of process for certain witnesses within the jurisdiction of the court, is a literal application of the statute of continuances (§ 1886), but is subversive of the guaranty contained in section…
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Appeal from Bates Circuit Court. — Hon. James B. Gantt, Judge. The action of the court below in overruling the two motions for continuance, (vide Rec. pp. 13 and 17,) and compelling appellant to trial on .the day after arraignment and before a reasonable time had elapsed for the return of process for certain witnesses within the jurisdiction of the court, is a literal application of the statute of continuances (§ 1886), but is subversive of the guaranty contained in section 22 of article 2 of the constitution of Missouri, and is or may become as administered and applied in this case a…
1Opinion of the CourtHough, J.
Pending a preliminary examination before a justice of the peace in Bates county, for the crime of grand larceny, the defendant was, on the 18th day of March, 1882, indicted in the Bates circuit court for the same offense with which he was charged before the justice. On the 27th day of March, 1882, he was arraigned and pleaded not guilty. On the day following, his case was called for trial, whereupon he made an application for a continuance on the ground of the absence, among others, of several witnesses, who' resided in Miller county, for whom subpoenas had been issued and, mailed to the…
2Cases cited5 opinions
- State v. RossSupreme Court of Missouri · 1859
- State v. DuncanSupreme Court of Missouri · 1876
- State v. O'ConnorSupreme Court of Missouri · 1877
- State v. RoarkSupreme Court of Kansas · 1879
- State v. HatfieldSupreme Court of Missouri · 1880
3Cited by14 opinions
- Delaware Insurance v. Pennsylvania Fire InsuranceSupreme Court of Georgia · 1906
- State v. BarhamSupreme Court of Missouri · 1884
- State v. JenningsSupreme Court of Missouri · 1883
- State v. DawsonSupreme Court of Missouri · 1886
- State v. CooperSupreme Court of Missouri · 1884
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