State v. Elliston

I respectfully dissent.

In Division IV of the majority opinion is this statement: “Although not placing our approval on the trial court’s rather brusque, summary and somewhat angry manner of denying counsel’s motion for continuance we do not find the court abused his judicial discretion or that an injustice to appellant resulted.” This hardly portrays the true situation.

For some reason, not disclosed by the record, counsel was not retained by defendant until 24 hours before time scheduled for trial.

*510When defendant and his attorney entered the courtroom this is what happened, as disclosed by the…