Schonberger v. Commonwealth

Citations

• 86 Va. 489
• 10 S.E. 713
• 1890 Va. LEXIS 9

Syllabus

<p>1. ' Criminal Practice—Continuance—Case at bar.—Where, on motion of accused, there had been repeated continuances, and he moves for further continuance on the ground of the absence of an unsummoned witness, the materiality of whose testimony was not sworn to, though accused stated what he expected to prove by the witness, and that his absence was due to the recent death of his wife: held, not error to overrule the motion.</p> <p>2. Idem—Re-opening—Case at bar.—But where, after the close of the evidence and the opening argument of prosecuting attorney, the witness appears and gives a sufficient excuse for his previous absence, and accused offers to prove by him facts that would bar the prosecution: held, error to refuse to receive the testimony.</p>