State v. Leary
| Decision Date | 14 December 1903 |
| Docket Number | 15,022 |
| Citation | 35 So. 559,111 La. 301 |
| Court | Louisiana Supreme Court |
| Parties | STATE v. LEARY |
Appeal from Fifth Judicial District Court, Parish of Winn; Marion Franklin Machen, Judge.
Will Leary was convicted of selling liquor without a license, and appeals. Affirmed.
Kidd & Wallace, for appellant.
Walter Guion, Atty. Gen., and Allen Byber Hundley, Dist. Atty. (Lewis Guion, of counsel), for the State.
Defendant was found guilty of selling spirituous liquors without a license, and was sentenced to pay a fine of $ 500 and costs, and in default of payment thereof to be imprisoned for two years in the parish jail.
Defendant relies for the reversal of the sentence on a bill of exception taken to the overruling of his motion for a continuance.
The grounds for this motion are stated as follows, viz.:
This motion was overruled, the trial judge stating that the offense was committed within five blocks of the courthouse on September 30, 1903, and the accused was at once arrested; that the trial was fixed for the next day, but was continued until October 2d, and finally reset for October 3d; that the defendant did not summon any witnesses; and that no good or legal reason was shown why the trial should not be had.
The motion and affidavit do not set forth the names and residence of the witnesses, the facts which they are expected to prove, their materiality to the case, and why their presence cannot be had.
Therefore the motion was properly overruled. 1 Bishop on Crim. Proc. p. 571.
The trial was speedy, but there is nothing to show that the judge acted arbitrarily, and was guilty of a denial of justice. State v. Wilson, 33 La.Ann. 261.
Sentence affirmed.
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State v. Satcher
...State v. Wilson, 33 La.Ann. 261; State v. McCarthy, 44 La.Ann. 323, 10 So. 673; State v. Bridges, 109 La. 530, 33 So. 589; State v. Leary, 111 La. 301, 35 So. 559; v. Golden, 113 La. 800, 37 So. 757. In the instant case we may use the language of our predecessors in this court in one of the......
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State v. Williams
... ... discretion is abused and the ruling arbitrary, that the ... appellate court will interfere. State v. Wilson, 33 ... La.Ann. 261; State v. McCarthy, 44 La.Ann. 323, 10 ... So. 673; State v. Bridges, 109 La. 530, 33 So. 589; ... State v. Leary, 111 La. 301, 35 So. 559; State v ... Golden, 113 La. 791, 37 So. 757." ... Under ... the circumstances of this case, we are unable to see wherein ... the ruling of the trial judge worked any injustice upon the ... defendant or constituted an abuse of his legal discretion in ... ...
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... ... There was no demand for ... witnesses, no request for delay for conference, and no legal ... rights denied the defendants which any continuance could have ... secured for them." ... We find ... no basis for disturbing the ruling thus made. State v ... Leary, 111 La. 301, 35 So. 559; State v ... Wilson, 33 La.Ann. 261 ... Bill ... Defendant ... Gideon Rester filed a motion for a severance. The allegations ... were that defendant had been informed and believed that his ... codefendant, John Murphy, would make a "judicial ... ...