State v. Perkins

The opinion of the Court was delivered by

Bermudez, C. J.

The defendant appeals from a conviction of larceny and sentence upon it.

He complains :

1. That his application for a continuance owing to the absence of a material witness was illegally overruled, and

2. That his motion for a new trial, based on several grounds, Should have been sustained.

It is useless to consider presently the bill to the refusal of the trial judge to continue the. case, as that refusal is made one of the grounds upon which the motion for a new trial rests.

Those grounds will be considered and disposed of seriatim.

They are…