State v. Roy

Tbe defendants except to and assign as error tbe failure of tbe court to grant tbeir motion for a continuance. Tbe motion was made on tbe ground tbat a witness, most vital to tbeir defense, was out of tbe State.

It will be noted tbe name of tbe witness was not given nor does it appear tbat any effort was made to secure bis presence at tbe trial. Tbe alleged crime was committed on 29 November, 1950, and an investigation of tbe alleged facts was made shortly thereafter. A true bill was found against both defendants on 8 January, 1951, and tbe cases were called for trial on 11 January, 1951.…