545.720. Contents of affidavit. — A motion to continue a cause on the part of the defendant on account of the absence of evidence must be supported by the oath or affidavit of the defendant or some reputable person in his behalf, showing the materiality of the evidence expected to be obtained, and that due diligence has been used to obtain it, and where the evidence may be; and if it is for an absent witness, the affidavit must give his name, and show where he resides or may be, and the probability of procuring his testimony, and within what time, and what facts he believes the witness will prove, and that he believes them to be true, and that he is unable to prove such facts by any other witness whose testimony can be as readily procured, and that the witness is not absent by the connivance, procurement or consent of the defendant, and what diligence, if any, has been used in the premises by the defendant, and that the application is not made for vexation or delay merely, but to obtain substantial justice on the trial of the cause.
Notes of Decisions
Cited in
10
cases, 1952–1989 · leading case:
State v. Holt, 603 S.W.2d 698 (Mo. Ct. App. 1980).
State v. Holt, 603 S.W.2d 698 (Mo. Ct. App. 1980).
· cites it 6× “Point relied on I: "The trial court abused its discretion and erred in failing to grant defendant's applications for continuance, filed on grounds of unavailability of two defense witnesses, for the reason that said applications were timely, met the requirements of Section…”
State v. Smith, 781 S.W.2d 761 (Mo. 1989).
· cites it 4× “" [7] It should first be noted that defendant had not requested a mental examination, and his motion for a continuance was not accompanied by an affidavit showing the materiality of the evidence expected to be obtained and showing the identity and content of the witness'…”
State v. Gaddy, 261 S.W.2d 65 (Mo. 1953).
· cites it 3× “The application was insufficient under the statute, Section 545.720 RSMo 1949, V.A.M.S., and Supreme Court Rule 25.”
State v. Stidham, 258 S.W.2d 620 (Mo. 1953).
· cites it 5× “Section 545.720 RSMo 1949, V.A.M.S., states that a motion for a continuance on the part of a defendant on account of the absence of evidence must be supported by oath or affidavit showing the materiality of the evidence expected to be obtained, that due diligence had been used…”
State v. Bockman, 251 S.W.2d 607 (Mo. 1952).
· cites it 3× “The *609 application did not comply with Section 545.720 RSMo 1949, V.A.M.S., in the further respect that, although the facts as stated in the application were verified, the affiant did not state he believed the facts, to which he stated the absent witness would testify, were…”
State v. Abbott, 245 S.W.2d 876 (Mo. 1952).
· cites it 2× “When a defendant desires the continuance of a criminal case "on account of the absence of evidence" our statute requires that he comply in writing with the clear provisions of Section 545.720. That was not done in this case and the trial court, under the instant circumstances,…”
State v. Thomas, 433 S.W.2d 537 (Mo. 1968).
· cites it 2× “” *539 Under § 545.720, RSMo 1959, V.A.M.S., and Supreme Court Rule 25.”
State v. Blankenship, 526 S.W.2d 78 (Mo. Ct. App. 1975).
· cites it 2× “There is no record showing that he made any attempt to notify his attorney of any witnesses or, for that matter, of the employment of another attorney to take over his case.”
State v. White, 313 S.W.2d 47 (Mo. Ct. App. 1958).
· cites it 2× “” Section 545.720; State v. Bond, 191 Mo. 555 , 90 S.”
State v. Ash, 286 S.W.2d 808 (Mo. 1956).
“On said January 17th, when court reconvened pursuant to the recess, the court made inquiry of the jurors whether they had complied with the instructions of the court, and, upon the jurors indicating that they had done so and defendant’s *811 counsel indicating he was satisfied,…”
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treatment. Dots show Syfertize treatment of the citing case itself.