Isaacs v. United States
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE' WESTERN DISTRICT OF ARKANSAS. The plaintiff in error, Webber Isaacs, a Cherokee Indian, was indicted, with two others, for the murder of a white man in the Indian country. There were four counts in the indictment, two charging that the murdered man was Mike’ P. Cushing, and two that he was an unknown white man.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE' WESTERN DISTRICT OF ARKANSAS. The plaintiff in error, Webber Isaacs, a Cherokee Indian, was indicted, with two others, for the murder of a white man in the Indian country. There were four counts in the indictment, two charging that the murdered man was Mike’ P. Cushing, and two that he was an unknown white man. No witness who testified saw the act of killing; but it was shown by the testimony of several witnesses, that a peddler, about sixty years of age, with gray whiskers and riding a gray pony, was seen going towards Isaacs’ house,…
1Opinion of the CourtJustice Brown
In the absence of an oral argument and of a briéf by plaintiff in error, we are compelled to dispose of this case upon the record, and the brief of the Attorney General.
1. The first error assigned is to the action of the court in overruling a motion for a continuance, requested because of the absence of a material witness for the defence.
That the action of the trial court upon an application for a continuance is purely a matter of discretion, and not subject to review by. this court, unless it be clearly shown that such discretion has been abused, is settled by too many authorities to be now…
2Cases cited8 opinions
- Pennock v. DialogueSupreme Court of the United States · 1829
- Crumpton v. United StatesSupreme Court of the United States · 1891
- Texas & Pacific Railway Co. v. VolkSupreme Court of the United States · 1894
- Means v. Bank of RandallSupreme Court of the United States · 1892
- Woods v. YoungSupreme Court of the United States · 1808
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3Cited by137 opinions
- Agnello v. United StatesSupreme Court of the United States · 1925
- United States v. Valenzuela-BernalSupreme Court of the United States · 1982
- Avery v. AlabamaSupreme Court of the United States · 1940
- Smith v. United StatesSupreme Court of the United States · 1954
- United States v. HaldemanCourt of Appeals for the D.C. Circuit · 1976
132 more not listed; retrieve them via the Exa API.