Edwards v. State

Head, Justice.

The motion in this case can not be construed as an application for continuance based on rhe absence of a material witness, and the showing required by the Code, § 81-1410, does not apply. While the showing as made contained an insistence that the defendant was not physically able to go to trial, there was medical testimony that he was able to stand trial, and this point is not insisted upon in this court.

The attorney who was appointed to represent the defendant on the day preceding the trial, insisted in his motion that he should have opportunity to prepare for the trial of the…