Woodruff v. State, No. 38992

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtKYLE; McGEHEE
Citation70 So.2d 58,220 Miss. 24
Decision Date01 February 1954
Docket NumberNo. 38992
PartiesWOODRUFF v. STATE.

Page 58

70 So.2d 58
220 Miss. 24
WOODRUFF

v.
STATE.
No. 38992.
Supreme Court of Mississippi.
Feb. 1, 1954.

[220 MISS 24] Stone & Stone, Coffeeville, for appellant.

J. P. Coleman, Atty. Gen., By John E. Stone, Asst. Atty. Gen., for appellee.

KYLE, Justice.

The appellant, Elmer Leon Woodruff, was indicted, tried and convicted in the Circuit Court of Grenada County on a charge of burglary, and was sentenced to serve a term of 15 years in the state penitentiary. From that judgment he prosecutes this appeal.

The indictment charged the breaking and entering of the dwelling house of R. L. Collins, which the proof showed was located on the east side of U. S. Highway No. 51, in the City of Grenada. The burglary occurred on the night of June 29, 1952, while Collins and his wife were away from home attending a church service. Mrs. Collins' 86-year-old mother was the only person in the house at the time the crime was committed. When they returned to their home about 9:30 o'clock p. m. they found that the house had been burglarized, and an iron safe, which contained several thousand dollars in cash and other valuable papers, had been taken away. The safe was found by the police officers in a badly damaged condition several hours later near the roadway a few miles north of the City of Grenada. The safe had been opened and the money removed therefrom. The appellant was arrested about two months

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later by police officers in the City of New Orleans, and after being identified by two of the State's witnesses was returned to Mississippi to answer the charge alleged against him in the indictment.

There were other persons who were named in the indictment as codefendants, one of whom, Joe Grayer, testified as a witness for the State.

[220 MISS 26] The appellant assigns only one error as ground for reversal on this appeal, and that is that the court erred in refusing to sustain the appellant's motion to pass the case, so that the appellant's attorney might have sufficient time within which to prepare the case for trial.

The record shows that the indictment was returned on January 27, 1953, the second day of the January term of the court. When the case was called on the following day, the appellant's attorney asked that the case be passed until a later day of the term; and the case was passed until Friday of the first week of the term. When the case was called again on Friday the appellant's attorney filed a written motion asking that the case be...

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4 practice notes
  • Averitt v. State, No. 42498
    • United States
    • United States State Supreme Court of Mississippi
    • 28 Enero 1963
    ...of the witness in this case could be obtained at any future date. Samuels v. State, 153 Miss. 381, 120 So. 920; Woodruff v. State, 220 Miss. 24, 70 So.2d 58; Hodgkin v. State, 172 Miss. 297, 160 So. 562; Newbill v. State, 220 Miss. 382, 70 So.2d There was no showing that the witness would t......
  • King v. State, No. 43225
    • United States
    • United States State Supreme Court of Mississippi
    • 16 Noviembre 1964
    ...a judgment will not be reversed because the continuance is refused unless there has been an abuse of sound discretion. Woodruff v. State, 220 Miss. 24, 70 So.2d 58 (1954); Gatlin v. State, 219 Miss. 167, 68 So.2d 291 There is no evidence of abuse of discretion on the part of the court in fa......
  • Hardiman v. State, No. 1999-KA-00298-COA.
    • United States
    • Court of Appeals of Mississippi
    • 17 Octubre 2000
    ...a judgment will not be reversed because the continuance is refused unless there has been an abuse of sound discretion. Woodruff v. State, 220 Miss. 24, 27, 70 So.2d 58, 59 (1954); Gatlin v. State, 219 Miss. 167, 172, 68 So.2d 291, 292 (1953). Also, the refusal of a motion for a continuance ......
  • Diddlemeyer v. State, No. 45779
    • United States
    • United States State Supreme Court of Mississippi
    • 20 Abril 1970
    ...a judgment will not be reversed because the continuance is refused unless there has been an abuse of sound discretion. Woodruff v. State, 220 Miss. 24, 70 So.2d 58 (1954); Gatlin v. State, 219 Miss. 167, 68 So.2d 291 (1953). (251 Miss. at 170, 171, 168 So.2d at Under the circumstances of th......
4 cases
  • Averitt v. State, No. 42498
    • United States
    • United States State Supreme Court of Mississippi
    • 28 Enero 1963
    ...of the witness in this case could be obtained at any future date. Samuels v. State, 153 Miss. 381, 120 So. 920; Woodruff v. State, 220 Miss. 24, 70 So.2d 58; Hodgkin v. State, 172 Miss. 297, 160 So. 562; Newbill v. State, 220 Miss. 382, 70 So.2d There was no showing that the witness would t......
  • King v. State, No. 43225
    • United States
    • United States State Supreme Court of Mississippi
    • 16 Noviembre 1964
    ...a judgment will not be reversed because the continuance is refused unless there has been an abuse of sound discretion. Woodruff v. State, 220 Miss. 24, 70 So.2d 58 (1954); Gatlin v. State, 219 Miss. 167, 68 So.2d 291 There is no evidence of abuse of discretion on the part of the court in fa......
  • Hardiman v. State, No. 1999-KA-00298-COA.
    • United States
    • Court of Appeals of Mississippi
    • 17 Octubre 2000
    ...a judgment will not be reversed because the continuance is refused unless there has been an abuse of sound discretion. Woodruff v. State, 220 Miss. 24, 27, 70 So.2d 58, 59 (1954); Gatlin v. State, 219 Miss. 167, 172, 68 So.2d 291, 292 (1953). Also, the refusal of a motion for a continuance ......
  • Diddlemeyer v. State, No. 45779
    • United States
    • United States State Supreme Court of Mississippi
    • 20 Abril 1970
    ...a judgment will not be reversed because the continuance is refused unless there has been an abuse of sound discretion. Woodruff v. State, 220 Miss. 24, 70 So.2d 58 (1954); Gatlin v. State, 219 Miss. 167, 68 So.2d 291 (1953). (251 Miss. at 170, 171, 168 So.2d at Under the circumstances of th......

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