Rutledge v. State

1. Plaintiffs in error were placed on trial .■and were' convicted of the offense of cheating and swindling. They moved for new trials, but the motions were overruled by the trial judge. One of the grounds of each of these motions was predicated upon the refusal of the judge to grant a continuance of the case on account of the absence of a witness. This ground states that the witness was subpoenaed, was absent not by leave of the defendant, was expected at the next term, that the motion for continuance was not made for delay but to get the evidence of the absent witness, that his evidence was…