State v. Bishop
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Hon. B. G. Thur- ' man, Judge. (1) The verdict is definite, certain and responsive to the issues joined'. (2) Where there is no probability that if the absent witness had appeared and testified, as stated in the affidavit for continuance, it would have changed the result of the trial, the trial court cannot be convicted of error in overruling the application for continuance.
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Appeal from Vernon Circuit Court. — Hon. B. G. Thur- ' man, Judge. (1) The verdict is definite, certain and responsive to the issues joined'. (2) Where there is no probability that if the absent witness had appeared and testified, as stated in the affidavit for continuance, it would have changed the result of the trial, the trial court cannot be convicted of error in overruling the application for continuance. State v. Temple,-194 Mo. 250; State v. Wor- ■ rell, 2fi Mo. 256; State v. Kindred, 148 Mo. 281. The affidavit for continuance was incomplete. It did not state or inform the trial court…
1Opinion of the CourtKennish, J.
Defendant was convicted in the circuit court of Vernon county of a felonious assault on purpose and of malice aforethought, made upon G. C. Webb, at said county, on the 10th day of November, 1908, by shooting the said Webb with a pistol. His punishment was assessed at imprisonment in the penitentiary for a term of three years. After the proper motions were filed and overruled judgment was pronounced and the defendant appealed to this court.
Thomas McGuire was jointly charged with defendant, but upon the application of McGuire a severance was granted, and a nolle prosequi was entered as to him…
2Cases cited11 opinions
- State v. JeffriesSupreme Court of Missouri · 1908
- State v. DeWittSupreme Court of Missouri · 1905
- State v. BondSupreme Court of Missouri · 1905
- State v. CookSupreme Court of Missouri · 1875
- State v. PritchettSupreme Court of Missouri · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. SausseleSupreme Court of Missouri · 1954
- State v. TippettSupreme Court of Missouri · 1927
- State v. VillingerSupreme Court of Missouri · 1951
- State v. JordanSupreme Court of Missouri · 1920
- State v. AdamsSupreme Court of Missouri · 1927
7 more not listed; retrieve them via the Exa API.