State v. Harper
State v. Harper
Opinion of the Court
The defendant appeals from a verdict convicting him of murder, without capital punishment, and from a sentence of lifetime imprisonment.
Complaint is made, in an assignment of errors in appellant’s brief, of the overruling of a motion for a continuance. The motion was based upon the allegation that the attorney who had charge of the defense was absent because of illness, and that his associates were not prepared to defend the ease.
The minutes of the trial show that the defendant’s counsel reserved a bill of exceptions to the overruling of the motion for a continuance; but it does not appear that a formal bill of exceptions was presented for the signature of the judge.
The verdict and sentence appealed from are affirmed.
Reference
- Full Case Name
- STATE v. HARPER
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- (Syllabus by Editorial Staff.) 1. Criminal Law The refusal of a motion for a continuance based on the absence of one of defendant’s attorneys is so largely within the discretion of the trial judge that an appellate court cannot intelligently review his ruling without a full knowledge of the circumstances and of his reasons for the ruling, which knowledge can be brought up only by presenting a formal bill of exceptions, and allowing the trial judge to submit a statement per curiam. An assignment of error showing only the defendant’s side of the controversy does not serve that purpose. 2. Criminal Law Without knowing what testimony was sought to be impeached or contradicted, the Supreme Court cannot say that the trial judge erred in excluding impeaching testimony. 3. Homicide &wkey;>i81 — Provocation—Admission oe Evidence. Where there was no proof that the boy whom defendant killed had provoked the difficulty, a conversation of defendant with the father of the deceased prior to the killing, when the boy was not present, in which defendant said that he believed the boy intended to kill him, and the boy’s father said that he would, and that if defendant hurt him the father would kill defendant, offered to show that defendant acted without malice aforethought in the heat of passion, was properly excluded. 4. Homicide Where the evidence showed that defendant was the aggressor, evidence of the dangerous or desperate character of the deceased was inadmissible. 5. Criminal Law The district attorney’s declaration in argument that he never prosecuted cases that were without merit, and that he selected the strongest cases to prosecute, was objectionable as attempting to impress the 'jury with his own opinion as to defendant’s guilt. . 6. Criminal Law Where the trial judge told the jury to pay no attention to the irrelevant remarks of the district attorney in argument, and it was not likely that such argument influenced the jury after such instruction was given, the error would be disregarded.