Johnson v. State
| Decision Date | 08 February 1915 |
| Citation | 67 So. 177,108 Miss. 709 |
| Court | Mississippi Supreme Court |
| Parties | JOHNSON v. STATE |
October, 1914
APPEAL from the circuit court of Alcorn county. HON. CLAUDE CLAYTON, Judge.
Celia Johnson was convicted of the unlawful sale of intoxicating liquors and appeals.
The facts are fully stated in the opinion of the court.
Reversed and remanded.
W. T. Sweat, for appellant.
Ross A. Collins, Attorney-General, for the state.
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 the day before he examined her and found that she had a high pulse, subnormal temperature, and was in a weakened condition; that from his examination he did not think that she would be able to attend court on the next day. His certificate, made on the day of the trial, stated that she was not able to attend court on that day, and would not be so able possibly for several days.
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; Hoggett v. State, 99 Miss. 844, 56 So. 172; Polk v. State, 106 Miss. 513, 64 So. 215.
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, ... 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 ... The ... court will observe that the continuance ... ...
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Walters v. State
... ... decisions are unnecessary to support these rights of the ... appellant, because they are all constitutional rights, but if ... court decisions should be deemed necessary or required we ... cite the case of: Hoggett v. The State, 56 So. 172; ... Hope v. State, 64 So. 215; Johnson v. State, 67 So ... For the ... first error complained of we respectfully submit that this ... case ought to be reversed ... Assignment ... No. 2. If the decisions of this court still stand, it was not ... a sale of whiskey for the appellant to take the common fund ... ...
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Ogden v. State
... ... record, bring this case within the rule [174 Miss. 121] where ... reversal is granted because of the abuse of the discretion of ... the lower court, and in which a gross injustice has been done ... the appellant by refusing his application for continuance ... Johnson ... v. State, 108 Miss. 709; Corbin v. State, 99 Miss ... 486; Sullivan v. State, 150 Miss. 204; Dobbs v ... State, 31 So. 915; Magee v. State, 45 So. 360; ... Woodward v. State, 42 So. 167; Anderson v. State, 50 ... So. 554, 44 So. 36 ... The ... appellant in his application for ... ...