People v. Brown

Decided July 1, 1873

California Supreme Court · decided 1873-07-01

The defendant was indicted for the crime of grand larceny, February 10th, 1873. On the 8th of March, when the cause came on for trial, and before a venire for a jury had been issued, he moved for a continuance, on the ground that two of his witnesses, residents of the State of Nevada, were absent. In support of the motion he filed an affidavit, the substance of which is stated by the Court. The motion was denied, and the defendant was tried and convicted.

Cited by 2 later decisions — most recently July 1926

2 state decisions

Relies on People v. Francis · People v. Dodge

Good law ✅— No negative treatment on recordhow we know

Decided 1873-07-01

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By the Court:

¶1The defendant’s motion for a continuance should have been granted. His affidavit disclosed the materiality of the absent witnesses ; that they had promised to attend the trial, and that relying on this promise, and deeming it important to him that they should testify in person at the trial, he had omitted to take their depositions, but could procure them before another trial. This brings the case fully within the ruling in People v. Dodge, 28 Cal. 447, and within the reasoning in People v. Francis, 38 Cal. 185.

¶2Judgment and order reversed, and cause remanded for a new trial.