State v. Wilcox

Elaving been convicted of grand larceny, defendant brought the record of such conviction to this court for review by writ of- error.

It is contended the court erred in permitting the state to avoid a continuance, to which defendant was entitled, by consenting that the affidavit detailing the testimony an absent witness would give, if present, be read on the trial as evidence on defendant’s behalf. The practice in the circuit courts of this state in criminal actions relating to postponements of the trial, not being specifically provided for in the Code of Criminal Procedure, must be in…