Legal Opinion · Dissent

State v. Jennings

Supreme Court of Missouri

Decided October 15, 1883Published

Appeal from Henry Girouit Court.—IIon. J. B. Gantt, Judge. The court erred in overruling defendant’s application for a continuance. The witness, Peerey, had been duly subpoenaed, but was injured and taken sick but a few days before the trial, and could not attend, and the application being made at tbe term at which the indictment was found, the court ought to have given the defendant the benefit of the personal presence of the witness before the jury.

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Appeal from Henry Girouit Court.—IIon. J. B. Gantt, Judge. The court erred in overruling defendant’s application for a continuance. The witness, Peerey, had been duly subpoenaed, but was injured and taken sick but a few days before the trial, and could not attend, and the application being made at tbe term at which the indictment was found, the court ought to have given the defendant the benefit of the personal presence of the witness before the jury. An attachment in this case would have been of no avail, as the witness was sick and unable to attend court, as the court found by holding that…

1Dissent

Siierwood, J.,

Dissenting.—On one of the points decided in the foregoing opinion, I do not concur, and, therefore, I will now discuss the correctness of the ruling which compelled the defendant to go to trial, notwithstanding his affidavit and application for a continuance. This discussion will, of course, involve the constitutionality of section 1886, which is as follows:

“ Section 1886. Testimony of absent witness may be admitted—effect of. If in any such case the adverse party will consent that on the trial the facts set out in the application or affidavit, as the facts which the party…

2Cases cited15 opinions

  1. Ogden v. SaundersSupreme Court of the United States · 1827
  2. State v. UnderwoodSupreme Court of Missouri · 1881
  3. State v. ButlerSupreme Court of Missouri · 1877
  4. Booth v. BoothSupreme Court of Connecticut · 1829
  5. State v. HickmanSupreme Court of Missouri · 1882

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