Peterson v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. John A. Minnis. The defendant in this case was indicted for carrying concealed weapons.
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From the City Court of Montgomery. Tried before the Hon. John A. Minnis. The defendant in this case was indicted for carrying concealed weapons. On his trial, as appears from the bill of exceptions, the State introduced as witnesses two police officers of the city of Montgomery, who testified, in substance, that the defendant was arrested for disorderly conduct on a day named, and carried to the head-quarters of the police; and that, on searching him, they found a pistol concealed about his person, being carried in a belt around his waist, under his coat and vest. The defendant then offered…
1Opinion of the CourtBrickell, C. J.
The continuance of causes, civil or criminal, rests in the sound discretion of the primary court, and its action will not be revised on error. When, without laches on his part, tbe defendant in a criminal case is not prepared for trial, because of the absence of witnesses, the practice has been, if there is no' reason to suspect that delay is the object, on an affidavit of the facts, which discloses the materiality of the evidence, to grant a continuance, or to put the State on an admission of its truth, or an admission that the witnesses, if personally present, would testify to the facts…
2Cases cited1 opinion
- Starr v. StateSupreme Court of Alabama · 1854
3Cited by7 opinions
- Martin v. StateSupreme Court of Alabama · 1899
- DeArman v. StateSupreme Court of Alabama · 1884
- Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918
- Powell v. StateAlabama Court of Appeals · 1957
- Ryan v. Beard's HeirsSupreme Court of Alabama · 1883
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