Jackson v. State

Appellants were convicted of grand larceny. We direct our attention only to the action of the trial judge in refusing a continuance of the case.

Motion for continuance was seasonably made and contained sworn averments in substance as follows: Defendants were charged with the theft of sheep; that in fact they were purchased from one Earl Cox from whom bills of sale were procured; that Cox is the only witness who could testify to this fact and that he was on board a ship at sea as a member of the Merchant Marine forces and is unavailable as a witness; that process for him had been requested but…