Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 6
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ...witnesses. Under those circumstances the defendant says that the overruling of his motion for a continuance was error, and his counsel in their brief maintain that the defendantwas entitled to the personal attendance of his witnesses to be examined orally in court, and to confront them with those called to impeach their evidence. This branch of the case is precisely parallel to that of Territor-y v. Perkins, 2 Mont. 470, decided by this court more than ten years ago, and to which decisions in the district courts since then have conformed. We see no reason for disturbing or modifying that decision in any respect, and confirm it. The accused has the right to confront his accusers, but it does not follow therefrom that the witnesses for the defendant have the right to confront the witnesses for the prosecution. It is safe to_say that a defendant will make a much better case_ for himself in his affidavit for a continuance than he could with his witnesses in court; and if, notwithstanding what he says he can prove in his aflidavit, the territory is willing to go to trial, and to admit that his witnesses would, if present, testify as_ he sets forth, no injury could be done to the defendant. If his witnesses were not myths, if they really had being and existence, he would generally gain more.than he would lose, by not exhibiting them before the jury. It is easy enough for a defendant to set forth in an alfidavit the names of witnesses who are absent from the territory, and in a foreign country, as in this ca.se, ---and the higher the crime the further away the witnesses are generally declared to be, --and if such shadowy showing can compel the continuance of criminal cases. then there can be no more criminal trials in this territory. The defendant.
- Paperback | 224 pages
- 189 x 246 x 12mm | 408g
- 13 Sep 2013
- Illustrations, black and white