Smith v. State

1. All applications for continuances are addressed to the sound legal discretion of the trial judge (Penal Code, § 992), and his decision thereon will not be reversed unless there has been a plain, palpable, and flagrant abuse of this discretion. Curry v. State, 17 Ga. App. 377 (87 S. E. 685), and cases there cited.

2. Upon a motion for a continuance, made by the defendant, and a counter-showing thereto made by the State, the credibility of the witnesses introduced in support of the motion and upon the counter-showing respectively is to be determined by the judge, and his decision in refusing…