Wray v. People

Citations

• 78 Ill. 212

Syllabus

<p>CournfUAKCB—wTiat is sufficient cause for. A defendant was indicted for a crime, and employed and paid an attorney, and was tried, and the jury failed to agree, and he was remanded to jail, and there remained for several weeks, when he was again brought into court, and then, for the first time, notified that his attorney had abandoned his case, and it was set for trial on the next day, and he then had subpoenas issued for witnesses, and on the next day, when the case was called for trial, he made a motion for a continuance, supported by an affidavit showing these facts, and showing, also, that he had relied upon his attorney to prepare his case for a second trial, and that he did not know that the attorney had abandoned the case until notified of it, in open court, the day before; that, as soon as notified of it, he had subpoenas issued for witnesses, giving their names and residences, and stating what facts he expected to prove by them, which facts were material and necessary to a proper defense, and that, owing to the shortness of the time intervening between his ascertaining that his attorney had abandoned the case and the time of its being called for trial, the witnesses had not been found: Held, that sufficient diligence was shown, and the continuance should have been granted.</p>