Jones v. State
Supreme Court of Arkansas
Appeal from Drew Circuit Court; H. W. Wells, Chancellor; STATEMENT BY THE COURT. The appellant was indicted by the grand jury of Drew County for the crime of assault with intent to rape. He was convicted and sentenced to three years’ imprisonment in the State penitentiary. He had been tried on the same charge at a previous term of the court, and there was a mistrial.
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Appeal from Drew Circuit Court; H. W. Wells, Chancellor; STATEMENT BY THE COURT. The appellant was indicted by the grand jury of Drew County for the crime of assault with intent to rape. He was convicted and sentenced to three years’ imprisonment in the State penitentiary. He had been tried on the same charge at a previous term of the court, and there was a mistrial. On the last trial the appellant filed a motion for continuance, setting up that “three of the material witnesses of the defendant, towit: Mrs. Maud Berry-man, Mase McGough and James Alsobrook, were not present in attendance on…
1Opinion of the Court
Wood, J.,
(after stating the facts). The motion for continuance should have been granted. The appellant showed that he had exercised all the diligence that could be expected of him under the 'law to procure the attendance of his witnesses. The witnesses had been subpoenaed and were in attendance and testified at a former term. And an alias subpoena was issued for the witness Mase McGough, who was within the jurisdiction of the court, just a short time before the court convened, and the subpoena for this witness had not been returned. While the court has a broad discretion in matters of…
2Cases cited4 opinions
- Graham v. StateSupreme Court of Arkansas · 1887
- Price v. StateSupreme Court of Arkansas · 1903
- Cannon v. StateSupreme Court of Arkansas · 1895
- McDonald v. SmithSupreme Court of Arkansas · 1860
3Cited by5 opinions
- McElroy v. StateSupreme Court of Arkansas · 1911
- Tiner v. StateSupreme Court of Arkansas · 1913
- Ashworth v. BrickeySupreme Court of Arkansas · 1917
- Westbrooks v. StateSupreme Court of Arkansas · 1929
- Burt v. StateSupreme Court of Arkansas · 1923