McDaniel v. State
Court of Appeals of Mississippi
In error from the circuit court of Hinds county; Hon. George Goalter, judge. James McDaniel being indicted for the murder of Alexander Frazier, was arraigned for trial in April, 1846, and plead not He applied by affidavit for a continuance of the cause on the ^.ound of the absence of two witnesses, residents of the county of Hinds, who were absent without his procurement or consent, whose evidence would be material for him, as they would testify to. facts which he could not…
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In error from the circuit court of Hinds county; Hon. George Goalter, judge. James McDaniel being indicted for the murder of Alexander Frazier, was arraigned for trial in April, 1846, and plead not He applied by affidavit for a continuance of the cause on the ^.ound of the absence of two witnesses, residents of the county of Hinds, who were absent without his procurement or consent, whose evidence would be material for him, as they would testify to. facts which he could not establish by others. It is not deemed necessary to set out these facts; the court below overruled the application, and…
1Opinion of the CourtJustice Clayton
This was an indictment for murder; in the circuit court of Hinds, which resulted in the conviction of the defendant. A great number of errors have been assigned as causes of reversal.' ■ The first is, that there was error in overruling an application for a continuance upon the affidavit filed. Our statute upon this subject lays down a very explicit rule. It provides, that upon every application for a continuance, the party shall- set forth in his affidavit the facts which he expects to prove by his absent witness or witnesses, in order that the court may judge of the materiality of such facts…
2Cited by21 opinions
- Hawthorne v. StateMississippi Supreme Court · 2003
- King v. StateMississippi Supreme Court · 1991
- Tran v. StateMississippi Supreme Court · 1996
- Carleton v. StateMississippi Supreme Court · 1983
- State v. Moua HerSupreme Court of Minnesota · 2008
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