Whit v. State
| Citation | 37 So. 809,85 Miss. 208 |
| Court | United States State Supreme Court of Mississippi |
| Decision Date | 30 January 1905 |
| Parties | JAMES WHIT v. STATE OF MISSISSIPPI |
FROM the circuit court of Tate county, HON. J. B. BOOTHE, Judge.
Whit, the appellant, was indicted, tried, and convicted of murder, and appealed to the supreme court. He was erroneously denied a continuance by the court below. The facts upon which the decision turned are stated in the opinion of the court.
Reversed and remanded.
W. J. East, S.W. Jones, and G. W. Lindsey, for appellant.
William Williams, attorney-general, and J. W. Lauderdale, for appellee.
Argued orally by W. J. East, for appellant, and by William Williams, for appellee.
The second application for a continuance should have been granted on the showing made by this record. The attorney-general, realizing this, has had filed here a certified copy of the original subpoena for Wat Lucket, showing that the subpoena was issued and executed May 4th, and an affidavit of the sheriff to the effect that the witness was present in court during the whole trial. But these papers were obtained after the adjournment of the court, and are not a part of this record, and cannot be looked to by us. If the original subpoena was on file when this application was made, and the witness was in attendance, it would have been easy to show these facts in answer to the application; but no such showing was made, so far as the record discloses. The twenty-sixth section of article three of the constitution, and the decisions thereunder, make reversal imperative.
Reversed and remanded.
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Samuels v. State
... ... form. Under very similar circumstances and state of facts ... this court has almost invariably reversed such cases, and ... upon the authority of the following cases we urge that the ... judgment must be reversed for the failure of the lower court ... to grant the continuance. Whit v. State, 85 Miss ... 208, 37 So. 809; Montgomery v. State, 85 Miss. 330, ... 37 So. 835; Caldwell v. State, 85 Miss. 283, 37 So ... 816; Scott v. State, 80 Miss. 197, 31 So. 710; ... Walton v. State, 87 Miss. 296, 39 So. 689; Vallm ... v. State, 96 Miss. 651; Anderson v. State, 50 ... So ... ...
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Henderson v. State
... ... State, 129 Miss. 449, Scott v. State, 80 Miss ... 197; Johnson v. State, 111 Miss. 828; Long v ... State, 52 Miss. 23; Hattox v. State, 80 Miss ... 186; Woodward v. State, 89 Miss. 348; Hill v ... State, 72 Miss. 527; Havens v. State, 75 Miss ... 488; Scott v. State, 80 Miss. 197; Whit v ... State, 85 Miss. 208; State v. Boll, 51 So. 275; ... Knox v. State, 52 So. 695 ... Under ... the English common law a person could not be convicted upon ... the uncorrobated testimony of an accomplice but it is true ... now that a person may be convicted upon the ... ...
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Henderson v. State, 33930
... ... State, 129 Miss. 449, Scott v. State, 80 Miss ... 197; Johnson v. State, 111 Miss. 828; Long v ... State, 52 Miss. 23; Hattox v. State, 80 Miss ... 186; Woodward v. State, 89 Miss. 348; Hill v ... State, 72 Miss. 527; Havens v. State, 75 Miss ... 488; Scott v. State, 80 Miss. 197; Whit v ... State, 85 Miss. 208; State v. Boll, 51 So. 275; ... Knox v. State, 52 So. 695 ... Under ... the English common law a person could not be convicted upon ... the uncorrobated testimony of an accomplice but it is true ... now that a person may be convicted upon the ... ...
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Cox v. State
... ... at bar. Long v. State, 52 Miss. 23; Hill v. State, ... supra; Havens v. State, supra; Hattox v. State, supra; ... Scott v. State, 80 Miss. 197, 31 So. 710; Watson ... v. State, 81 Miss. 700, 33 So. 491; Fooshee v ... State, 82 Miss. 509, 34 So. 148; Whit v. State, ... 85 Miss. 208, 37 So. 809; Montgomery v. State, 85 ... Miss. 330, 37 So. 835; Caldwell v. State, 85 Miss ... 383, 37 So. 816; Walton v. State, 87 Miss. 296, 39 ... So. 689; Woodward v. State, 89 Miss. 348, 42 So ... 167; Watts v. State 90 Miss. 757, 44 So. 36; ... Cade v ... ...