Roberson v. Quave, 38002
| Decision Date | 12 March 1951 |
| Docket Number | No. 38002,38002 |
| Citation | 211 Miss. 398,51 So.2d 62 |
| Parties | ROBERSON v. QUAVE, Sheriff. |
| Court | Mississippi Supreme Court |
T. J. White and R. P. White, Gulfport, for appellant.
J. P. Coleman, Atty. Gen., by Joe T. Patterson, Asst. Atty. Gen., for appellee.
This is an appeal from a judgment of the county court denying the prayer of a petition for a writ of habeas corpus and directing appellee to deliver appellant to the sheriff of West Feliciana Parish, Louisiana, to answer a charge of armed robbery in that state.
The appellant contends that the trial judge erred in failing to continue the hearing to a later date. The petition for habeas corpus was filed April 25, 1950, and the matter was then set for hearing on May 15, 1950. It was continued, however, and set by agreement of all parties for hearing on June 29, 1950, on which date witnesses from Louisiana were present and ready to testify, whereupon counsel for appellant made an oral motion for a continuance. The motion was insufficient as a matter of law, but even if it had been sufficient the trial judge did not abuse his discretion in declining to continue the hearing. We have repeatedly held that the granting of a continuance is largely within the discretion of the trial judge and its refusal with not be ground for reversal unless the discretion has been abused and the court is satisfied that injustice has resulted therefrom. Newell v. State, Miss., 48 So.2d 332, and numerous authorities therein cited.
Appellant next contends that he was put to trial without the presence of certain witnesses who were in the State of Louisiana and that he was thereby deprived of his constitutional rights. It appears, however, that these witnesses had never been served with process in Mississippi, and there is no showing that they could ever be served and required to attend court in this state. The record further shows affirmatively that the desired witnesses were in jail in Louisiana awaiting trial in that state for participation in the same armed robbery in which appellant was allegedly involved. Hodgkin v. State, 172 Miss. 297, 160 So. 562. Moreover, the motion for a continuance made no mention of these witnesses nor what they would testify, if present, and in our opinion appellant's contention in this respect is without merit.
It is also contended that the judgment of the trial court is contrary to the overwhelming weight of the evidence. For appellant several relatives and...
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In Interest of T.L.C.
...will result therefrom. Croft v. Bituminous Casualty Corp., 235 Miss. 95, 98-99, 108 So.2d 700, 701-02 (1959); Roberson v. Quave, 211 Miss. 398, 400, 51 So.2d 62, 63 (1951). The record reflects that this matter was originally scheduled for hearing on April 5, 1989, and that at Roy's request ......
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Petition of Broom
... ... Roberson v. Quave, 211 Miss. 398, 403, 51 So.2d 62, 777 (1951); Copeland v. Robertson, 236 Miss. 95, 122, ... ...
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Bay Springs Forest Products, Inc. v. Wade, 53790
...that injustice has resulted therefrom. Croft v. Bituminous Casualty Corp., 235 Miss. 95, 108 So.2d 700 (1959); Roberson v. Quave, Sheriff, 211 Miss. 398, 51 So.2d 62 (1951). If anything, the trial judge here abused his discretion in favor of Bay Springs. He gave Bay Springs twelve extra day......
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Lang v. State, 40098
...159 Miss. 207, 131 So. 96; Powers v. State, 168 Miss. 541, 151 So. 730; Buckler v. State, 173 Miss. 350, 161 So. 683; Roberson v. Quave, 211 Miss. 398, 51 So.2d 62, 777; Wheeler v. State, 219 Miss. 129, 70 So.2d We need not discuss further the writ of error coram nobis except to say that if......