State v. McDonald

Appellant was convicted of assaulting by willfully shooting at a woman named Lula Finister, and was sentenced to imprisonment in the penitentiary.'

When the case was called for trial, defendant’s attorney asked for a continuance because of the absence of two witnesses, and because the sheriff! had not made a return on the subpoenas. The court ordered the trial deferred until the next day. On that day, when the case was called for trial, one of the witnesses who had failed to appear was yet absent and had not been served with the subpoena, which had been issued seven days before. Defendant’s…