Savitt v. United States

WOOLLEY, Circuit Judge.

The indictment charged Rothfuss, an assistant cashier of the New Jersey National Bank and Trust Company of Newark, New Jersey, with misapplication of the bank’s funds and charged Savitt, a'depositor, with aiding and abetting him. Both were convicted and sentenced, and both have appealed.

Savitt first assigns error to the trial court in refusing his motion for a continuance based on the absence of a material witness. Savitt recognizes that the action of a trial court upon an application for continuance is purely a matter of discretion, not subject to review unless it be…