Brazil v. Roberts

Jenkins, Presiding Justice.

1. In a motion for continuance on account of the absence of a subpcenaed witness, in the exercise of the due diligence by the movant required by the Code, § 81-1410, it is specifically provided that it must be shown that “such witness is not absent by the permission, directly or indirectly, of such applicant.” In the instant case, counsel for the movant stated in his place in open court that he had seen the subpcenaed witness ‘■“yesterday,” and that the witness had “told me what a predicament he was in.” While counsel for the movant does not disclose to the court…