Corbin v. People

Citations

• 131 Ill. 615
• 23 N.E. 613

Syllabus

<p>1. Continuance—absence of witnesses—diligence. A person charged •with the crime of murder had subpoenas duly issued for his witnesses, two of whom failed to appear, though served in good time, and could not be found on attachment. Another important witness, though a resident of the county, could not be found by the officer, and it was shown, on a motion for a second continuance, that an important witness resided in the State of Indiana, who had promised to attend as a witness, and that a messenger was sent after such witness, and found that he could not leave Ms home on'account of serious illness in his family: Held, that these facts, presented by affidavits, showed sufficient diligence to prepare for the trial.</p> <p>2. Same—materiality of testimony sought—and of its cumulative character. On the trial of one upon the charge of murder, the evidence was conflicting and contradictory as to whether the defendant or the person killed made the first assault and fired the first shots. The defendant, by his affidavit for a continuance, after showing due diligence to procure the attendance of his witnesses, to no avail, stated that he expected to procure the attendance of the absent witnesses by the next term, and could prove by some of them that the deceased made a violent attack on him, first with brick-bats and afterwards by shooting at him, before he fired any shot in return, and by others, of threats by the deceased to kill the affiant, and that the deceased left his room with a revolver, saying he was then going to kill affiant; that he could not prove such facts so well by any other witnesses, for the reason they were not so near to the scene of conflict, and had not the same means of knowing the facts: Held, that the affidavits showed sufficient ground for a continuance, and that it was error to refuse it.</p> <p>3. Where a defendant’s guilt is not so thoroughly established that the court can say the jury would not have found differently had the absent witnesses