37 La. Ann. 799
Decided October 15, 1885
Supreme Court of Louisiana · decided 1885-10-15
<p>.Affidavit for continuance which does not aver inability to prove the facts referred to otherwise than by the witnesses of whose absence complaint is made, is defective, and the refusal of the continuance is not error.</p>
Cited by 1 later decisions — most recently November 1907
1 state decisions
Key passage — most relied on by later courts
““The affidavit for continuance, the refusal of which is the only error assigned, is fatally defective, in this: that it fails to aver inability to prove the facts referred to otherwise than by the witnesses of whose absence he [the affiant] complains. State v. Comstock, 36 La. Ann. 308 .””
quoted by 1 later decision, including State v. Howard
Good law ✅— No negative treatment on recordhow we know
Decided 1885-10-15
View the full empirical analysis of this case →
¶1The opinion of the Court was delivered by
¶2The affidavit for continuance, the refusal of which is the only error assigned, is fatally defective in this: that it fails to aver inability to prove the facts referred to otherwise than by the witnesses ■of whose absence he complains. State vs. Comstock, 36 Ann. 308. Bishop Cr. Proc., sec. 951 a.
¶3Judgment affirmed.