State v. Bates
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Ho». Jos. D. Perkins, Judge. (1) The application for a continuance was properly overruled. It does not comply with the statute in that it does not show that due diligence was used to obtain the testimony of the witnesses.
Read the full summary
Appeal from Jasper Circuit Court. — Ho». Jos. D. Perkins, Judge. (1) The application for a continuance was properly overruled. It does not comply with the statute in that it does not show that due diligence was used to obtain the testimony of the witnesses. It does not show that defendant believed to be true the statements which he alleged he could prove by the witnesses; it does not show that he is unable to prove the facts alleged therein by any other witness whose testimony could he as readily procured. It does not show that the witness is not absent by the connivance, procurement and…
1Opinion of the CourtGantt, P. J.
This is a prosecution by information, duly verified by the prosecuting attorney of Jasper county, charging the defendant with having burglarized a building belonging to W. S. Crane, and with having feloniously stolen therefrom certain gold fillings, the property of W. W. Flora therein kept and deposited, of the value of forty dollars or more. The defendant was duly arraigned, tried and convicted of grand larceny, but acquitted of the burglary charge. After his motions for new trial and in arrest of judgment were heard and overruled, he appealed to this court.
The facts are these: On the…
2Cases cited2 opinions
- State v. WelsorSupreme Court of Missouri · 1893
- State v. PalmerSupreme Court of Missouri · 1901
3Cited by8 opinions
- People v. JenningsIllinois Supreme Court · 1911
- State v. DenisonSupreme Court of Missouri · 1944
- State v. RobbSupreme Court of Missouri · 1969
- State v. PayneSupreme Court of Missouri · 1970
- Thomas v. StateSupreme Court of Florida · 1937
3 more not listed; retrieve them via the Exa API.