Foster v. State

Admand, Justice.

Under an indictment charging him with murder, James Fulton Foster was found guilty without a recommendation of mercy and was sentenced to death by electrocution. His motion for a new trial upon the general and special grounds having been overruled, he assigns error on the denial of his motion for a new trial.

On the call of the case for trial, counsel for the defendant, serving under appointment by the court, filed a written motion to continue the case, on the ground that “they have not had sufficient time to properly prepare petitioner’s defense to the above-stated case…