State v. Bowers
Supreme Court of Iowa
Appeal from Wapello Court. Defendant was indicted on the-3d .day of December, 1863, jointly with one Cower, for stealing two borses, saddles' and bridles. On tbe same day he was arraigned and counsel'appointed for tbe defense.
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Appeal from Wapello Court. Defendant was indicted on the-3d .day of December, 1863, jointly with one Cower, for stealing two borses, saddles' and bridles. On tbe same day he was arraigned and counsel'appointed for tbe defense. HNim’mediately filed a motion for a continuance, upon a showing made by bis own affidavit of tbe absence of witnesses,-., bty whom he expected to show facts tending to prove an alibi, and also impeaching the character of some of the witnesses, whose names were indorsed on the indictment. The district attorney caused counter-affidavits to be filed, and on the hearing the…
1Opinion of the Court
Wright, Ch. J.
1. Continuance in crimainal cases. I. Did the court err in overruling the prisoner’s application, for a continuance, is an inquiry, involving questions of no inconsiderable doubt, As, in our opinion, the case must be reversed upon another ground, and as the questions made upon such application cannot well arise again, we prefer to pass them, and do so the more readily from the fact that they have, for the most part, a particular, rather than a general importance. In thus passing the question, we cannot, however, resist the expression of at least a doubt as to the right of the…
2Cases cited1 opinion
- Davenport Gas Light & Coke Co. v. City of DavenportSupreme Court of Iowa · 1862
3Cited by20 opinions
- State v. PetersonSupreme Court of Iowa · 1974
- State v. OstranderSupreme Court of Iowa · 1865
- State of Iowa v. James Alon ShorterSupreme Court of Iowa · 2017
- State v. PerkinsSupreme Court of Iowa · 1909
- Jones v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1872
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