State v. Wood
| Decision Date | 31 October 1878 |
| Citation | 68 Mo. 444 |
| Parties | THE STATE v. WOOD, Appellant. |
| Court | Missouri Supreme Court |
Appeal from Jasper Circuit Court.--HON. JOSEPH CRAVENS, Judge.
Defendant was arrested and committed to jail upon a charge of horse stealing on the 8th day of August, 1877. The other facts appear in the opinion of the court.
H. B. Hamilton for appellant.
J. L. Smith, Attorney-General, for the State.
On the 18th day of September, 1877, the defendant was indicted in the Jasper circuit court, charged with having stolen two horses, the property of Peter Sealey, on the 5th day of August, 1877. On the 27th day of September, 1877, the cause was called for trial and the defendant filed the following affidavit for a continuance: And the said Allen Wood, after being duly sworn, upon his oath says he cannot safely proceed to trial at the present term of this court for want of material evidence. And the said Wood would show to the court that on the 18th day of September, 1877, he was indicted in this honorable court, charged with stealing two horses, the property of Peter Sealey. Affiant says as soon as he was informed of the charge against him, he wrote and caused to to be written, two letters, to John Flannagan, at Corry and St. Joseph, and _____ Bodenhammer, at Marshfield and Lebanon; that he received no reply to said letters until the 25th day of September, 1877, when he learned that the deposition of said John Flannagan could be taken at St. Joe, Missouri, where the said Flannagan resided; that affiant did not learn of the said Flannagan's whereabouts until the receipt of the letter aforesaid, from the fact that at the time affiant met said Flannagan hereinafter mentioned, said Flannagan represented to affiant that he, said Flannagan, was going to the Dade county mines and expected to remain there during the winter, and affiant says that there was with, and in company of said Flannagan at this time, the aforesaid Bodenhammer; that he wrote, and caused to be written, divers letters to said Bodenhammer at Marshfield, Lebanon and other places, which he thought would be most likely to reach him; that on the _____ day of September, 1877, he received a letter from said Bodenhammer, stating that he would attend this term of this court to testify in defendant's behalf; that said Bodenhammer has not more than had time to get here, had he started from Lebanon, the place where he was staying, on receipt of affiant's letter informing him of the day fixed for trial. Affiant says he cannot procure the testimony or attendance of said Flannagan in time to be used at the present term of this court, but that he can procure the same to be used at the next term of this court, from the fact that the said Flannagan, instead of stopping in Dade county, has returned to St. Joe, and will, as affiant is informed, remain there all winter; that unless the said Bodenhammer should arrive in time to testify at this term of court, affiant can procure his deposition to be used in evidence at the next term of this court. Affiant says he expects to prove and will be able to prove, by both of said witnesses, that on the morning of the 6th day of August, 1877, two men who said they were from Texas, came to the camp where said Flannagan, Bodenhammer and affiant had been stopping over night and took breakfast with defendant and others; that said Bodenhammer was acquainted with the Texas parties and said he was all right; that said White said he wanted to take the train to Springfield and would sell said horses very cheap; that after considerable conversation, affiant purchased said horses with the saddles and bridles thereon, and paid White in cash therefor; that a bill of sale was drawn up and witnessed by said Bodenhammer, who assured affiant that he could rely upon the representations of said White. Affiant says he knows of no other witnessess or witness by whom he can prove any of the facts aforesaid, except by said Flannagan and Bodenhammer, and __________, whose real name affiant has forgotten and of whom he has been unable to learn anything since the trade...
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State v. Schooley
... ... 3997, R. S. 1919. (2) The ... Supreme Court reserves the right to inquire into the facts of ... each case and reverse the case if the continuance was ... improperly refused. McLane v. Harris, 1 Mo. 501; ... Riggs v. Fenton, 3 Mo. 28; Tunstall v ... Hamilton, 8 Mo. 500; State v. Wood, 68 Mo. 444; ... State v. McGuire, 69 Mo. 197; State v ... Walker, 69 Mo. 274; State v. Farrow, 74 Mo ... 531; State v. Lewis, 74 Mo. 222; State v ... Berkley, 92 Mo. 441; State v. Anderson, 96 Mo ... 241; State v. Klinger, 43 Mo. 127. (3) To warrant ... the admission in ... ...
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State v. Kauffman
...defendant's motion for a continuance. State v. Maddox, 117 Mo. 667; State v. Mosley, 22 S.W.2d 748; State v. McGuire, 69 Mo. 205; State v. Woods, 68 Mo. 444; State Lewis, 74 Mo. 22; State v. Lewis, 9 Mo.App. 321; State v. Lambert, 262 S.W. 58; State v. Wad, 270 S.W. 298. (2) The evidence di......
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State v. Schooley
... ... State, 12 Mo. 492; Sec. 3997, R.S. 1919. (2) The Supreme Court reserves the right to inquire into the facts of each case and reverse the case if the continuance was improperly refused. McLane v. Harris, 1 Mo. 501; Riggs v. Fenton, 3 Mo. 28; Tunstall v. Hamilton, 8 Mo. 500; State v. Wood, 68 Mo. 444; State v. McGuire, 69 Mo. 197; State v. Walker, 69 Mo. 274: State v. Farrow, 74 Mo. 531; State v. Lewis, 74 Mo. 222; State v. Berkley, 92 Mo. 441; State v. Anderson, 96 Mo. 241; State v. Klinger, 43 Mo. 127. (3) To warrant the admission in evidence of instrument or weapon as the one or ... ...
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State v. Salts
... ... 154; State v. Klinger, 43 Mo ... 127; McKay v. State, 12 Mo. 492. The same diligence ... is shown in the case at bar as was shown in: State v ... Newsum, 129 Mo. 154; State v. Maddox, 117 Mo ... 667; State v. Anderson, 96 Mo. 241; State v ... Walker, 69 Mo. 274; State v. Wood, 68 Mo. 444; ... State v. Klinger, 43 Mo. 127. (3) The court was in ... error in permitting the State, over the objections and ... exceptions of the defendant, to read to the jury the letters, ... purported to have been written by the defendant to the ... prosecuting witness. The letters could ... ...