Jones v. State

Citations

• 60 Miss. 117

Syllabus

<p>1. Criminal Practice. Witnesses absent. Continuance denied. When defendant not prejudiced.</p> <p>The refusal of a Circuit Court to grant the application of a defendant indicted for murder for continuance of his case, on the ground of the absence of witnesses, though made at the first term of the court after the homicide, and within less than a month thereafter, is not a ground for reversal of a judgment of conviction, on appeal to this court, where the record shows that the appellant had the benefit in his trial of all that he claimed he could prove by the absent witnesses, and was enabled to present his case to the jury as favorably to himself as if his absent witnesses had been present.</p> <p>g. Same. Denial of continuance. Evidence retrospectively considered.</p> <p>Although the affidavit for a continuance in such case may, when taken by itself, present a good ground therefor, yet if, when considered in connection with the evidence adduced at the trial, it is manifest that there was no real ground for the continuance, this court will not reverse the judgment because of the refusal of the court below to grant the continuance.</p> <p>■3. Same. Promptness in forcing trial. Contrary practice.</p> <p>The promptness of the court in bringing about a trial in the circumstances above indicated was a commendable departure from the common practice of permitting a term of the court after the homicide to pass before the trial of the slayer.</p>