Johnson v. State
Johnson v. State
Opinion of the Court
delivered the opinion of the court.
Appellant was convicted on the charge of unlawfully selling intoxicating liquors.
• When the case was called for trial her attorney applied for a continuance on the ground that she was ill, confined to her bed, and unable to attend court. He presented certificates from two physicians showing her illness, and one of the physicians testified in court that she had been suffering with a painful illness, and on
From this showing it is clear that appellant was too ill to be present at her trial. The motion for a continuance should have been sustained. Corbin v. State, 99 Miss. 486, 55 So. 43; Haggett v. State, 99 Miss. 844, 56 So. 172; Polk v. State, 64 So. 215.
Reversed and remanded.
Reference
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- Criminal Law. Continuance. Right to. A continuance should be granted a defendant where it is shown that she is too ill to be present at her trial.