Majority
p. 31The People vs. Mrs. M’Lane. opposed the motion. He observed this indict")snt was found at this term: he might call the case or or not, at his pleasure; he was not bound to be ready at any particular day during the term, unless an agreement wao made, and the cause sot down for trial. •This liad not been dono; lie was nevertheless desirous to bring on tho trial, as soon as possible. The witnesses oa the part of tho prosecution not being in court, and it being uncertain when they could be found, he could agree at present to no disposition of it; but opposed a postponement to November term, alleging ho might be ready in the succeeding terra, and possibly on some day of the present term. as they were now ready for trial, and wished it to proceed, they ought to have the case disposed of agreeable to the motion.
Headnote
A prisoner has no right to claim his trial on any day of the first term, where the district attorney is not ready, nor to adjourn it to the next after the following term.Indictment on Counterfeit Notes.—Motion to put off the Trial.
The prisoner was charged with passing counterfeit money, was tahen up, committed,and was this day brought cut for trial. On calling the witnesses for the prosecution, it was found that none attended. Price and N. L. GrcJtam, counsel for the prisoner, were ready to proceed to trial, and wero anxious a wry should be called; finding however they could not bring the case to a trial, and that their testimony might be dispersed before the next term, moved the Court by affidavit of- the absence of material witnesses, for a postponement to November Term.
Maxwell, District Attorney,
Price contended,
“ We cannot grant tho motion applied “ for: the District Attorney has the right of calling on a “case on any day of the term, unless by agreement it is set 11 down for a particular day, or unless it is disposed of by “ direction of tho Court. In the present case he may be
p. 32
“ ready before the end of the term: we cannot however if put off this trial to November term ; because a term will “ intervene, and both parties may then be ready for trial. “ We will adjourn it until Thursday of the last week- of J the term, and if the District Attorney is not ready on that “day, adjourn it to the next term or 'ake such order upon “ it as justice requires.”
Motion refused.