Stinson v. State

Citations

• 76 Fla. 421
• 80 So. 506

Syllabus

<p>1. An affidavit in support of a motion for continuance upon the ground of absent witnesses which shows that an effort was made to secure the presence of the witness at the trial by obtaining a subpoena for him to appear at the trial and testify, that it was served upon him in ample time to enable him to appear, and that he lived in a neighboring town in the same State, precludes any inference- of lack of diligence on defendant’s part in securing the presence of the absent witness.</p> <p>2. An affidavit for- continuance upon the ground of an absent witness, which contains a statement of facts to which it is affirmed the witness will testify and which appear to be material, should also set forth when and how the information was obtained by the affiant that the absent witness would testify as recited in the affidavit.</p> <p>3. The denial of a motion for -continuance made by the defendant in a criminal prosecution upon an indictment charging murder in the first degree, which motion is based upon the ground of the absence of a witness and is supported by a sufficient affidavit showing that the absent witness will testify to a state of facts tending to show the absence of premeditation, will be considered harmless error in view of a verdict of guilty of murder in the second degree which does not contain the element of premeditation.</p> <p>4. The denial of a motion for a continuance made by the defendant in a criminal case, which motion is based upon the ground of the absence of a witness and is supported by a sufficient affidavit showing the facts to which it is alleged the absent witness will testify will be considered harmless erroP if upon, consideration of all the evidence adduced at the trial it appears that the defense in support of which the testimony of the absent witness was desired was not under the law available to the defendant.</p> <p>5. A person who has been appointed by the Sheriff to be a Deputy under Section 1675b, Florida Compiled Laws 1914, and wh