Edward Douglass White

“ The court has always held, if it is in rebuttal, it is absolutely impossible to give the defendant notice of the witness. If that is the rule, that we have to give forty-eight hours' notice to the defendant of witnesses to be used in rebuttal, it would simply amount to a defeat of justice, and a defeat of a trial altogether. The reason of the rule is very manifest, but, when it comes to facts that are purely in rebuttal, no notice can be given, because it is impossible. ”

“ But the charge, in substance, instructed the jury to consider all the evidence and all the circumstances of the case, and, if a reasonable doubt existed, to acquit. If the accused wished specific charges as to the weight in law to be attached to testimony introduced to establish an alibi, it was his privilege to request the court to give them. ”

“ We can see nothing in the action on the applications for continuance, which we have recited in the statement of facts, to take it out of the control of this rule. The contention at bar, that, because there had been no preliminary examination of the accused, he was thereby deprived of his constitutional guaranty to be confronted by the witnesses, by mere statement, demonstrates its error. ”