Goldsby v. United States

Citations

• 160 U.S. 70
• 16 S. Ct. 216
• 40 L. Ed. 343
• 1895 U.S. LEXIS 2344

Syllabus

<p>There is nothing in this case to take it out of the ruling in Isaacs v. United States, 159 U. S. 487, that an application for a continuance is not ordinarily subject to review by this court.</p> <p>In the trial of a person accused of crime the exercise by the trial court of its discretion to direct or refuse to direct witnesses for the defendant to be summoned at the expense of the United States is not subject to review by this court.</p> <p>Moore v. United States, 150 U. S. 57, 61, affirmed and applied to a question raised in this case.</p> <p>While it is competent, if a proper foundation has been laid, to impeach a witness by proving statements made by him, that cannot be done by proving statements made by another person, not a witness in the case.</p> <p>It is within the discretion of the trial court to allow the introduction of evidence, obviously rebuttal, even if it should have been more properly introduced in the opening, and, in the absence of gross abuse, its exercise of this discretion is not reviewable.</p> <p>Rev. Stat. § 1033 does not require notice to be given of the names of witnesses, called in rebuttal.</p> <p>If the defendant in a criminal case wishes specific charges as to the weight to be attached in law to testimony introduced to establish an alibi, he may ask the court to give them; and, if he fails to do so, the failure by the court to give such instruction cannot be assigned as error.</p>