Striplin v. State
Supreme Court of Arkansas
Appeal from Howard Circuit Court, J. T. Cowling, Judge; 1. Where a defendant has fully complied with the law with reference to procuring the attendance of witnesses whose testimony is material to his defense, and the. same facts cannot be proved by other witnesses, and there is no showing that their testimony, if given,-is not probably untrue, and it is probable that their attendance can be procured at another term, then, if the defendant presents a motion for a continuance…
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Appeal from Howard Circuit Court, J. T. Cowling, Judge; 1. Where a defendant has fully complied with the law with reference to procuring the attendance of witnesses whose testimony is material to his defense, and the. same facts cannot be proved by other witnesses, and there is no showing that their testimony, if given,-is not probably untrue, and it is probable that their attendance can be procured at another term, then, if the defendant presents a motion for a continuance embodying all the elements required by statute, as was done in this case, the court’s refusal of such motion is an abuse…
1Opinion of the CourtMcCulloch, C. J.
The grand jury of Howard County, on January 19, 1909, returned an indictment against the appellant, George Striplin, for murder in the second degree in killing one Will Morrison. He was placed on trial August 25, 1909, but the jury failed to agree, and the case was continued from term to term until another trial was had, March 8, 1911, which resulted in a verdict of conviction of murder iñ the second degree, and punishment was fixed at five years in the State penitentiary. The evidence ^adduced on the part of the State tended to show that the killing was wilfully and deliberately done without…
2Cases cited3 opinions
- Allison v. StateSupreme Court of Arkansas · 1905
- Dolan v. StateSupreme Court of Arkansas · 1883
- Fitzpatrick v. StateSupreme Court of Arkansas · 1881
3Cited by12 opinions
- Lewis v. StateSupreme Court of Arkansas · 1952
- Thacker v. StateSupreme Court of Arkansas · 1973
- Murchison v. StateSupreme Court of Arkansas · 1971
- Joiner v. StateSupreme Court of Arkansas · 1914
- McGuffin v. StateSupreme Court of Arkansas · 1923
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