Boyd v. State

1. Error is assigned upon the refusal of the court to eon- ' tinue the ease on account of the absence of a material witness for the defendant. From undisputed testimony it appears, that while a subpoena had been issued for the missing witness six months before the trial, the sheriff was unable to locate him; that the subpoena had never been served; that this witness had at a previous term of the court forfeited his bond in a criminal case then pending against him in the same court, and that he was not a resident of the State. The motion for a continuance failing to meet the requirements of…