Good law ✅— No negative treatment on recordhow we know
Decided 1929-06-25
How this case has been cited
Cited by 11 later decisions — most recently October 1983
11 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Upon a reconsideration of this case, and it appearing that the defendant was misled to his prejudice by the unintentional misstatement of the clerk and sheriff of the court with reference to the subpœnaing and serving of defendant's witnesses, and that defendant was, as a result thereof, deprived of the benefit of material testimony in his behalf, and without fault on his part, this court is of the opinion that the motion for a new trial should have been granted, and that the ends of justice require that this judgment be reversed, and the cause be remanded.
¶2The application for rehearing is granted. The judgment is reversed, and the cause is remanded.
¶6PER CURIAM. Upon a reconsideration of this case, and it appearing that the defendant was misled to his prejudice by the unintentional misstatement of the clerk and sheriff of the court with reference to the subpoenaing and serving of defendant’s witnesses, and that defendant was, as a result thereof, deprived of the benefit of material testimony in his behalf, and without fault on his part, this court is of the opinion that the motion for a new trial should have been granted, and that the ends of justice require that this judgment be reversed, and the cause be remanded.
¶7The application for rehearing is granted. The judgment is reversed, and the cause is remanded.
