State v. Birchard

Defendant was convicted of first degree rape, first degree sodomy, and third degree assault. His appeal is based on the refusal of the trial court to grant a continuance to permit him to procure witnesses who would testify re defendant’s psychiatric records while he was in the Navy.

After the parties had rested on a Friday, this colloquy between the court and counsel for defendant occurred on the following Monday:

“MR. HEISLER: If it please the court, I have one matter to bring to the court’s attention. On Friday afternoon, late Friday afternoon I returned to my office and I found in my mail,…