Criminal Law: Newly Discovered Evidence- Continuance- Absence Of Witness

Where a defendant argued that the trial court abused its discretion in denying his motion for a continuance to present newly discovered evidence in an involuntary-manslaughter case, the judgment is reversed and remanded because the denial of extra time to secure a witness was unreasonable and prejudicial.

Judgment is reversed and remanded.

State v. Gray (MLW No. 72260/Case No. ED104743 – 6 pages) (Missouri Court of Appeals, Eastern District, Page, J.) Appealed from circuit court, St. Francois County, Head, J. (Carol Denise Jansen for appellant) (Daniel Neal McPherson for respondent).