Keller v. State

128 Ga. App. 129 (1973)

195 S.E.2d 767

KELLER

v.

THE STATE.

47828.

Court of Appeals of Georgia.

Submitted January 8, 1973.

Decided February 7, 1973.

James P. Brown, Jr., for appellant.

Edward E. McGarity, District Attorney, for appellee.

CLARK, Judge.

In this case in which defendant was found guilty of arson in the first degree in violation of Code § 26-1401 the sole question is the correctness of the overruling of a motion for continuance made in limine based upon the absence of two allegedly material witnesses, one of whom had been subpoenaed. The unsubpoenaed witness was the defendant's son. After the…