State v. Duffy

The opinion of the Court was delivered by

Fenner, J.

The record presents three bills of exceptions which we will consider in the following order :

*4201st. A bill was taken to the refusal of a motion for continuance, based on the absence of material witnesses and supported by affidavits.

These affidavits contain all proper allegations as to diligence and good faith on the part of accused; but they disclose that the witnesses required are absent in the State of Mississippi, and out of the process of the Court. It further appears from the statements of the judge that, at a former trial of the case, the…