State v. Eller

On January 19, 1972 defendant Joseph Anthony Eller was charged by information with the crime of aiding and abetting the delivery of a controlled substance. The case was tried to a jury on February 29, 1972. Defendant was found guilty and he appeals.

The sole issue we reach on this appeal is whether the trial court erred in failing to grant defendant’s motion for a continuance to permit him the right to use compulsory process to procure the attendance of Pat Thorson, a material defense witness.

The pertinent facts to this appeal are that on February 1, 1972 defendant filed a motion for an order…