Legal Opinion

Ex parte Caples

Mississippi Supreme Court

Decided October 15, 1880PublishedCited by 8 opinions

Appeal from the decision of Hon. F. A. Critz, Chancellor of the Sixth Judicial District, on habeas corpus. The case is stated in the opinion of the court. The point that we insist upon is, that the appellant has been denied his constitutional rights, and for that reason is entitled to his discharge. A continuance cannot be granted in a criminal case unless a legal reason therefor be shown.

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Appeal from the decision of Hon. F. A. Critz, Chancellor of the Sixth Judicial District, on habeas corpus. The case is stated in the opinion of the court. The point that we insist upon is, that the appellant has been denied his constitutional rights, and for that reason is entitled to his discharge. A continuance cannot be granted in a criminal case unless a legal reason therefor be shown. The State would not have heen entitled to a continuance, even if she had asked for one, unless she had first complied with the law. Weeks’ Oase, 31 Miss. 500; McDaniel’s Oase, 8 Smed. & M. 410. Whenever a…

1Opinion of the CourtChalmers, C. J.

The Circuit Court of Clay County, at the September term, 1880, met, organized, and adjourned sine die, without the transaction of any business, the presiding judge being moved to this course upon the petition of the members of the bar-and many prominent citizens from different portions of the county, who represented that, owing to the incessant and protracted rains, which had prevailed for many days, there existed great backwardness in gathering the crops, and that the public interests would be promoted by an omission to hold the court. The relator, who was at the time confined in jail under…

2Cited by8 opinions

  1. Winder v. StateMississippi Supreme Court · 1994
  2. Hernandez v. StateArizona Supreme Court · 1932
  3. Keller v. RomeroMississippi Supreme Court · 1974
  4. Ivey v. StateMississippi Supreme Court · 1928
  5. Heard v. ClarkMississippi Supreme Court · 1930

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