Woodward v. State
Mississippi Supreme Court
Woodward v. State, 89 Miss. 348 (Miss. 1906)
42 So. 167
Calhoon
Woodward v. State
Opinion of the Court
delivered the opinion of the court.
The indictment is for murder, and was presented August 21, 1906. The case was called for trial August 29, 1906, when defendant below made his application for continuance, on which testimony was taken, and which was overruled on that same day, and on that same day trial and conviction of manslaughter were had, and motion for new trial overruled. In this situation, Strauss v. State, 58 Miss., 53, has no application. On the application before us, the continuance, or a postponement,
Reversed and remanded.
Reference
- Full Case Name
- John Woodward v. State of Mississippi
- Status
- Published
- Syllabus
- Criminal Law. Continuance. Absent witness. The application of a defendant for a continuance, made by counsel appointed to defend him upon call of the case for trial only eight days after the finding of the indictment, should have been granted where it was shown that the preparation of the defense had been promptly begun and subpoenas issued for defendant’s witnesses, that one material witness being in another county was not found, but was willing to appear, and that defendant would have him- in attendance at the next term of court.