Legal Opinion

Brickey v. State

Supreme Court of Arkansas

Decided May 23, 1921PublishedCited by 6 opinions

Appeal from Van Burén Circuit Court; J. M. Shinn, Judge; It was error in overruling the motion for continuance. It stated good grounds for continuance. A material witness duly summoned was sick and unable to get to court.

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Appeal from Van Burén Circuit Court; J. M. Shinn, Judge; It was error in overruling the motion for continuance. It stated good grounds for continuance. A material witness duly summoned was sick and unable to get to court. Act 52, Acts 1905, p. 143; 50 Ark. 161; 10 Id. 528; 21 Id. 560; 89 Id. 130; 64 S. W. 412. Absence of defendant’s counsel without fault was good ground for continuance. 26 S. W. 60; 21 Ark. 460. The court abused its discretion in refusing a continuance. 1. There was no error in refusing the continuance on the grounds stated therein. It does not state the materiality of the…

1Opinion of the CourtWood, J.

On the 9th of March, 1921, the same being an adjourned day of the regular February term of the Van Burén Circuit Court, the appellant was convicted of the crime of selling intoxicating liquors, and by judgment of the court sentenced to imprisonment in the State penitentiary for one year. From that judgment he prosecutes this appeal.

1. Appellant urges as a ground for reversal of the judgment that the court erred in overruling his motion for a continuance. He assigns two reasons why the court erred. First, because of the absence of H. G-. Woi-verton, a material witness, who was summoned before…

2Cases cited4 opinions

  1. Burriss v. WiseSupreme Court of Arkansas · 1839
  2. State Life Insurance v. FordSupreme Court of Arkansas · 1912
  3. James v. StateSupreme Court of Arkansas · 1916
  4. Morris v. StateSupreme Court of Arkansas · 1912

3Cited by6 opinions

  1. Coleman v. StateSupreme Court of Arkansas · 1975
  2. Cableton v. StateSupreme Court of Arkansas · 1967
  3. Maxwell v. StateSupreme Court of Arkansas · 1950
  4. Venable v. StateSupreme Court of Arkansas · 1928
  5. Laster v. StateSupreme Court of Arkansas · 1922

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