McCarthy v. State
Supreme Court of Arkansas
Appeal from Ashley Circuit Court; Henry W. Wells, Judge; STATEMENT BY THE COURT. The appellant appeals from a judgment of conviction of the crime of burglary on the following indictment, omitting" caption: “The said'John McCarthy, in the county and State aforesaid, on the 10th day of July, 1908, during the night time of said day, a certain house then and there situated, and being owned by Jackson & Gregory, a firm composed of C. A. Jackson and Ernest Gregory, as a…
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Appeal from Ashley Circuit Court; Henry W. Wells, Judge; STATEMENT BY THE COURT. The appellant appeals from a judgment of conviction of the crime of burglary on the following indictment, omitting" caption: “The said'John McCarthy, in the county and State aforesaid, on the 10th day of July, 1908, during the night time of said day, a certain house then and there situated, and being owned by Jackson & Gregory, a firm composed of C. A. Jackson and Ernest Gregory, as a storehouse, feloniously, wilfully and maliciously did break and enter with the felonious intent, the goods, wares and merchandise…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. The motion for continuance showed that the witnesses whose presence was desired lived beyond the jurisdiction of the court. It was not shown how the appellant could have procured their attendance at the future term of the court.
The court ordered the motion for continuance read as evidence in appellant’s behalf, which gave appellant the benefit of the evidence as if it had been taken by deposition. The court did not abuse its discretion in overruling the motion for continuance. Thompson v. State, 26 Ark. 323.
2. The court did not err in overruling…
2Cases cited7 opinions
- Thompson v. StateSupreme Court of Arkansas · 1870
- Nash v. StateSupreme Court of Arkansas · 1904
- Harvick v. StateSupreme Court of Arkansas · 1887
- Minter v. StateSupreme Court of Arkansas · 1903
- Hampton v. StateSupreme Court of Arkansas · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Underwood v. StateSupreme Court of Arkansas · 1943
- Brown v. StateSupreme Court of Arkansas · 1945
- Doles v. StateSupreme Court of Arkansas · 1983
- Hays v. StateSupreme Court of Arkansas · 1922
- Turner v. StateSupreme Court of Arkansas · 1918