State v. Henry

Citations

• 30 Del. 323
• 7 Boyce 323
• 105 A. 849
• 1918 Del. LEXIS 52

Syllabus

<p>1. Criminal Law—Continuance—Affidavits—Sufficiency.</p> <p>In a prosecution for larceny, an affidavit for continuance on ground oi absence of witnesses held insufficient to show that defendant had exercised due diligence in procuring such witnesses.</p> <p>2. Criminal Law—Continuance—Absence of Character Witness.</p> <p>The absence of a character witness is not a sufficient reason for granting the continuance of a criminal case, particularly where the Attorney General is willing to admit that the witness would testify to accused’s good reputation.</p> <p>3. Criminal Law—Appeal—Review—Discretion—Continuance.</p> <p>The decision of a trial court refusing to grant defendants’ motion for a continuance until the next term because of the absence of witnesses was an interlocutory decision upon a discretionary matter, not reviewable at common law, and, if reviewable under modified procedure, would not warrant reversal except in clear case of abuse of discretion.</p> <p>4. Criminal Law—Continuance—Absence of Witnesses—Denial . of Continuance—Abuse of Discretion.</p> <p>The denial of a continuance in a larceny prosecution sought on the ground of witnesses’ absence from the state held not an abuse of the trial . court's discretion.</p>