State v. Williams
| Decision Date | 18 November 1902 |
| Parties | STATE v. WILLIAMS. |
| Court | Missouri Supreme Court |
1. An application by defendant in a criminal case for a continuance showed that a witness residing in the state was temporarily in another state, and could be had as a witness at the next term of court. A subpœna was issued for the witness a few days before the application. No steps had been taken to take his deposition. There was nothing to show that defendant did not know that the witness was going to leave the state when he did, or that defendant did not know that he had gone from the state, and would not return in time for the trial in time to have taken his deposition. Held, that proper diligence was not shown, rendering the denial of the application proper.
2. The supreme court will not interfere with the discretion of the trial court in refusing an application by defendant for a continuance, unless the discretion was unwisely exercised.
Appeal from circuit court, Pettis county; W. L. Jarrott, Judge.
Frank Williams was convicted of an assault with intent to kill, and appeals. Affirmed.
A. L. Shortridge, for appellant. The Attorney General, for the State.
Defendant was convicted, and his punishment fixed at four years imprisonment in the penitentiary, under an information filed by the prosecuting attorney of Pettis county, in which it is charged, that "on the eighth day of April, 1901, Frank Williams in and upon the body of one William Walton feloniously, on purpose, and of his malice aforethought did make an assault, and did then and there, on purpose and of his malice aforethought, feloniously strike, beat, cut, bruise, and wound him, the said William Walton, in and upon the face and head of him, the said William Walton, with a certain deadly weapon, to wit, a certain large and heavy club, which he, the said Frank Williams, then and there had and held in his right hand, with the felonious intent then and there him, the said William Walton, on purpose and of his malice aforethought, feloniously to kill and murder, contrary to the statutes in such cases made and provided, and against the peace and dignity of the state." After unavailing motions for new trial and in arrest, defendant appeals.
On the night of April 8, 1901, about 10 o'clock and 20 minutes, William Walton, who was then janitor for and in Murphy's liquor store, in the city of Sedalia, having heard a crash as if glass had been broken in a door of said building which opens on Ohio street, went to that door to discover the cause, opened it, and, when he did so, was struck on the side of the head with a heavy club, the butt end of a billiard cue in the hands of defendant, who was standing by the side of the door, on the outside of the building, and knocked unconscious upon the floor, and remained in a state of insensibility all the night and most of the following day from the effect of the lick upon his head. Defendant and Walton were not...
To continue reading
Request your trial
-
State v. Lewis
...the application for a continuance. State v. Parker, 106 Mo. 217; State v. Turlington, 102 Mo. 642; State v. Bailey, 94 Mo. 311; State v. Williams, 170 Mo. 204; v. Fox, 79 Mo. 109; State v. Banks, 118 Mo. 117; State v. Riney, 137 Mo. 102; State v. Dewitt, 152 Mo. 76; State v. Webster, 152 Mo......
-
State v. Salts
...221 Mo. 469; State v. Sassman, 214 Mo. 695; State v. Crane, 202 Mo. 54; State v. Lynn, 169 Mo. 664; State v. Whitten, 68 Mo. 91; State v. Williams, 170 Mo. 204; State Cochran, 147 Mo. 405; State v. Dyer, 139 Mo. 199. ROY, C. Williams, C., concurs. OPINION ROY, C. -- Defendant was by a jury ......
-
The State v. Tracy
... ... He had secured a continuance by forfeiting his ... recognizance. The granting of a continuance is largely in the ... discretion of the trial court. The defendant was not ... prejudiced by the refusal of the continuance. The application ... was properly overruled. [ State v. Williams, 170 Mo ... 204, 70 S.W. 476; State v. Cain, 247 Mo. 700, 153 ... S.W. 1039; State v. Salts, 263 Mo. 304, 314, 172 ... S.W. 373.] ... II. It ... is claimed that the court erred in permitting the witness ... McNutt to testify to the identity of the barrels of whiskey ... ...
-
State v. Belknap
...as no valid reason was shown for continuing the cause. State v. Riddle, 179 Mo. loc. cit. 296, 78 S. W. 606; State v. Williams, 170 Mo. loc. cit. 207, 70 S. W. 476; State v. Webster, 152 Mo. loc. cit. 90 et seq., 53 S. W. (b) The court did not fail to allow defendant the proper number of ju......