Legal Opinion

Puckett v. State

Supreme Court of Arkansas

Decided November 29, 1902PublishedCited by 20 opinions

Appeal from Pope Circuit Court. Wm. L. Moose, Judge. STATEMENT BY THE COURT. The appellant, Charlie Puckett, was indicted for the crime of seduction, charging that he unlawfully, on the 15th day of June, 1901, did obtain carnal knowledge of Nora Dunn by virtue of a false express promise of marriage to her previously made by said Charlie Puckett.

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Appeal from Pope Circuit Court. Wm. L. Moose, Judge. STATEMENT BY THE COURT. The appellant, Charlie Puckett, was indicted for the crime of seduction, charging that he unlawfully, on the 15th day of June, 1901, did obtain carnal knowledge of Nora Dunn by virtue of a false express promise of marriage to her previously made by said Charlie Puckett. Appellant filed his motion for a continuance because of the absence of Will Eustiee, a witness, who, if present, would testify: “That he and defendant were confidential friends, and that each knew in a confidential way what the other was doing in the…

1Opinion of the CourtHughes, J.

(after stating tbe facts). Continuances are largely in the discretion of the court, and that discretion will not be controlled, unless there is a manifest abuse of it. Burriss v. Wise, 2 Ark. 33; Stillwell v. Badgett, 22 Ark. 164; Edmonds v. State, 34 Ark. 720; Thompson v. State, 36 Ark. 323.

In this case the appellant in his application has shown no diligence to obtain the presence of his witnesses. He merely states in his application that he had used due diligence, which was not sufficient. He should have stated what he had done, and it was with thp court to determine whether it was due…

2Cases cited4 opinions

  1. Edmonds v. StateSupreme Court of Arkansas · 1879
  2. Burriss v. WiseSupreme Court of Arkansas · 1839
  3. Stillwell v. BadgettSupreme Court of Arkansas · 1860
  4. Harsh v. HanauerSupreme Court of Arkansas · 1854

3Cited by20 opinions

  1. Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905
  2. Poe v. StateSupreme Court of Arkansas · 1910
  3. Bowen v. StateSupreme Court of Arkansas · 1911
  4. Miller v. StateSupreme Court of Arkansas · 1910
  5. Caldwell v. StateSupreme Court of Arkansas · 1904

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