Haggett v. State
| Decision Date | 03 July 1911 |
| Citation | 99 Miss. 844,56 So. 172 |
| Court | Mississippi Supreme Court |
| Parties | EMMA HAGGETT v. STATE |
March, 1911
APPEAL from the circuit court of Forrest county, HON. PAUL B. JOHNSON, Judge.
Emma Haggett was convicted of unlawful retailing and appeals.
The facts are as follows:
When the case was called for trial in the circuit court, accused did not appear; but her attorney filed an application for a continuance, supported by affidavit setting out the fact that she was too sick for trial and under treatment of a physician, who also testified as to her condition. The continuance was denied, and she was tried in her absence and convicted.
No brief of counsel on either side found in the record.
Reversed and remanded.
The testimony of the witness Ammons is not in conflict with the evidence of the two physicians, and from the evidence of these physicians it is manifest that appellant was too ill to be present at her trial, and consequently the motion for a continuance should have been sustained. Corbin v. State, 99 Miss. 486, 55 So. 43.
Reversed and remanded.
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Ullom v. Davis
... ... him under the constitution and laws of the land ... Corbin ... v. State, 99 Miss. 486, 66 So. 43; Johnson v. State, ... 108 Miss. 709, 67 So. 177; Haggett v. State, 99 ... Miss. 844, 56 So. 172; Polk v. State, 64 So ... ...
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King v. McWhorter
... ... because of illness and affidavit of attorney stating ... necessity of party's presence to advise her attorneys but ... failing to state facts upon which alleged necessity was based ... and failing to set out what party's testimony would be as ... witness in her own behalf, ... v. State, 90 Miss. 757, 44 So. 36; Vollm v. State, ... 96 Miss. 651, 51 So. 275; Corgin v. State, 99 Miss ... 486, 55 So. 43; Haggett v. State, 99 Miss. 844, 56 ... So. 172; Johnson v. State, 108 Miss. 709, 67 So ... 177; Walker v. State, 129 Miss. 449, 92 So. 480 ... ...
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Dotson v. State
... ... wrought and wrong done the appellant ... McDaniel ... v. State, 8 S. & M. 401; Stewart v. State, 50 Miss ... 589; Parker v. State, 55 Miss. 417; Gavigan v ... State, 55 Miss. 540; Corban v. State, 99 Miss ... 486, 55 So. 43; Haggett v. State, 99 Miss. 844, 56 ... So. 172; Polk v. State, 64 So. 215; Sullivan v ... State, 108 Miss. 709, 67 So. 177 ... Where a ... person had committed an indictable offense in the presence of ... the sheriff, he or a private person for that matter, was ... authorized to make the ... ...
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Eastland v. State, 39383
...his counsel during the trial. * * *, we are of the opinion the court should not have tried appellant * * *.' In the case of Haggett v. State, 99 Miss. 844, 56 So. 172, this Court said: '* * * from the evidence of these physicians it is manifest that appellant was too ill to be present at he......