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Avery v. Alabama

United States Supreme Court
308 U.S. 444 (1940)


Avery (defendant) was arrested and charged with murder on a Monday. The trial court appointed counsel to represent Avery and set his trial for Wednesday. The trial was postponed to Thursday, at which time Avery’s attorneys moved for a continuance requesting more time to investigate and prepare a defense. The trial court denied the motion for continuance and Avery was convicted of murder. Avery’s attorneys moved for a new trial. The court denied the motion for new trial. Avery appealed his conviction through the state courts, and the state supreme court affirmed the judgment of conviction. Avery petitioned the United States Supreme Court for review.

Rule of Law


Holding and Reasoning (Black, J.)

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