Montgomery v. State
Mississippi Supreme Court
From the circuit court of, first district, Hinds county. Hon. David M. Miller, Judge. Montgomery, the appellant, was indicted, tried, and convicted of an assault with intent to kill and murder, or of an assault and battery with like intent, both crimes being charged in the indictment and a general verdict of guilty being rendered. From this conviction he appealed to the supreme court.
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From the circuit court of, first district, Hinds county. Hon. David M. Miller, Judge. Montgomery, the appellant, was indicted, tried, and convicted of an assault with intent to kill and murder, or of an assault and battery with like intent, both crimes being charged in the indictment and a general verdict of guilty being rendered. From this conviction he appealed to the supreme court. When the case was called for trial, two of defendant’s witnesses were absent who had been duly subpoenaed. He made an application for a continuance, based upon an affidavit that he expected to prove by one of…
1Opinion of the CourtCalhoon, J.
The motion for continuance should have been granted, or the court should have postponed the cause to another day of -the term if it saw proper. The docket is called for trial or continuance, and it is not incumbent on him who makes the application to ask postponement to a future day of the same term. The court may do so on the application for continuance if the condition of the public business or the situation in that particular ease makes it advisable.
The testimony of the absent witnesses was of great importance to the accused. The error is not cured because accused himself admitted that,…
2Cases cited1 opinion
- Wood v. StateMississippi Supreme Court · 1887
3Cited by12 opinions
- Goss v. StateMississippi Supreme Court · 1949
- Nelson v. StateMississippi Supreme Court · 1922
- Walton v. StateMississippi Supreme Court · 1905
- Dement v. SummerMississippi Supreme Court · 1936
- Isonhood v. StateMississippi Supreme Court · 1973
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