State v. Davenport
Supreme Court of Louisiana
1 PPEALfrom the Seventh Judicial District Oourt, parish of Franklin. Elam, J. Eirst — A continuance should have been granted by the District Court, the accused having shown that he had not time and opportunity to pi epare for his trial. That, owing to the prejudice existing in the public mind against him, his chances for a fair and impartial trial, at the present term of the Court, would be impaired.
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1 PPEALfrom the Seventh Judicial District Oourt, parish of Franklin. Elam, J. Eirst — A continuance should have been granted by the District Court, the accused having shown that he had not time and opportunity to pi epare for his trial. That, owing to the prejudice existing in the public mind against him, his chances for a fair and impartial trial, at the present term of the Court, would be impaired. That three witnesses, important and necessary for the defense, and within, the process of the Court, were absent, without whose testimony he could not safely go to trial; the accused having made…
1Opinion of the Court
The opinion of the Court was delivered by.
Fenner, J.
This appeal is taken from a conviction of manslaughter.
Assignment is made of the following errors apparent on the face of the record, viz:
First. That the record does not affirmatively show the presence of the accused on several days when the trial of a motion for change of venue was progressing in open court and testimony therein was being taken — on one day when the trial of the cause itself was proceeded with before the jury — when the verdict of the jury was rendered — and when a motion for a new trial was tried and overruled.
It is no…
2Cases cited1 opinion
- People v. TrimCalifornia Supreme Court · 1869
3Cited by10 opinions
- Harris v. PeopleIllinois Supreme Court · 1889
- State v. OberstSupreme Court of Kansas · 1928
- State v. MooreSupreme Court of Kansas · 1900
- State v. AugustaSupreme Court of Louisiana · 1942
- State v. FutrellSupreme Court of Louisiana · 1925
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