Cody v. State

This appellant admittedly killed Dewey Colvin by shooting him with a pistol. The indictment charged him with the offense of murder in the second degree, and as an answer thereto.' he pleaded: (1) “Not guilty.” (2) Not guilty by reason of insanity.

On this appeal the appellant has assigned errors, and in assignments 1, 2, and 3. complains of the action of the court in overruling his motion for a continuance, which motion was based upon the grounds that three witnesses who resided in other counties were absent. It appears from the record that these same three witnesses were absent at the…