99 Miss. 844
Decided March 15, 1911
Mississippi Supreme Court · decided 1911-03-15
Hon. Paul B. Johnson, Judge. Emma Plaggett was convicted of unlawful retailing and appeals. The facts are as follows: When the case was called for trial in the circuit court, accused did not appear; but her attorney filed an application for a continuance, supported by affidavit setting out the fact that she was too side for trial and under treatment of a physician, who also testified as to her condition.
Good law ✅— No negative treatment on recordhow we know
Decided 1911-03-15
Cited by 5 later decisions — most recently February 1955
5 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.
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¶1delivered the opinion of the court.
¶2The testimony of the witness Ammons is not in conflict with the evidence of the two physicians, and from the evidence of these physicians it is manifest that appellant was too ill to be present at her trial, and consequently the motion for a continuance should have been sustained. Corbin v. State, 55 South. 43.
¶3Reversed and remanded.