People v. Robarge
Appellate Division of the Supreme Court of the State of New York
Appeal by defendant from an order of the Franklin County Court bearing date the 13th day of June, 1911, denying defendant’s application for an order remitting a portion of defendant’s sentence, also from a judgment of conviction of the defendant for keeping a disorderly house.
1Opinion of the Court
Smith, P. J.:
As to the order refusing to remit part of the sentence this court finds no reason for its reversal. That question becomes academic, however, in view of the conclusion which we have reached that the County Court committed error in refusing to postpone the trial. The affidavits upon such application showed clearly that at least two material witnesses were unable to be present in court by reason of sickness. This is shown by the affidavit of the defendant herself and also by the affidavit of two physicians who were in attendance upon these two witnesses. It may be that the evidence…
2Cited by2 opinions
- People v. Roberts, New York County Courts1961
- People v. BrackertonNew York Court of General Session of the Peace · 1915