Shows v. State

Mississippi Supreme Court October 15, 1907

Shows v. State, 92 Miss. 92 (Miss. 1907)

45 So. 705

Oatjioon

Opinion of the Court

Oatjioon, J.,

delivered the opinion of the court.

This is an indictment, trial and conviction of unlawful sale-of spirituous liquors. The motion for a new trial is based solely on the grounds “set out in the affidavit on file in this cause.”

The affidavit shows the absence of one Gates, who had been subpoenaed, and process of attachment issued and returned “Not found.” The trouble is that no application for postpone*94ment or continuance because of Ms absence was made. As to the other witness, Bud Stokes, tbe affidavit does not show that his testimony could not have been known of with reasonable diligence or that it was not known of in fact, by appellant or his •counsel.

Affirmed.

Reference

Full Case Name: Cole Shows v. State of Mississippi
Status: Published
Syllabus: 1. Criminal Law and Procedure. New trial. Absent witness. A new trial will not be granted because of the absence of a witness if no postponement nor continuance were asked on that ground. ■2. Same. Newly-discovered evidence. Showing. A new trial for newly-discovered evidence will not be granted in the absence of a showing that it was unknown to defendant and his counsel after the exercise of due diligence when the trial began.