Carter v. State

Citations

• 100 Miss. 342
• 56 So. 454

Syllabus

<p>1. Criminal Law. Continuance. Absent witness. Adjournment to home of witness.</p> <p>Where a defendant charged with unlawful retailing made application for a continuance on account of the absence of a material witness who was very ill at his home in the town where the court was being held, and the court overruled the application but over the protest of defendant adjourned the whole court, parties, sheriff, clerks, etc., to the home of the sick witness and there tendered the sick witness to defendant for examination and defendant declined to examine the witness on the ground that the courthouse was the proper place to try the case. Held, that the continuance should have been granted and the action of the court in refusing the same was reversible error.</p> <p>2. Same.</p> <p>In such case if the defendant had consented to the proposition to go with the court and jury to the house of the witness and had there taken the testimony of the witness, the defendant could not have objected to the' irregularity.</p>