State v. Primeaux

The opinion of the Court was delivered by

Bermudez, C. J.

The defendant appeals from the verdict and sentence on a charge of larceny.

The record contains three bills of exceptions :

I

The first bill is to the refusal of the district judge to two motions for a continuance, based on tbe ground of tbe absence of two material witnesses.

The motions were denied because the accused had not used duo diligence to secure the attendance of the absent witnesses, and that their testimony would have been cumulative only.

The want of due diligence consists in not having given seasonably, as is required by tbe…