Damico v. State

ADAMS, J.:

Appellant was convicted of breaking and entering with intent to commit a felony, to wit: grand larceny.

The first question we consider is whether there was error in denying an application for a commission to take the testimony of a nonresident witness to support a plea of alibi. The information was filed September 22, 1942. December 5th, following, a motion to quash was filed. December 8th, appellant was arraigned. The case was set for trial on January 12th and on January 5th the application for commission was presented and denied. The statute authorized the, commis sion up to the…