Clarke v. State

A motion to continue the case was made on the ground of the absence of two witnesses. When counsel were asked if they had any other witnesses who would swear the same as the absent witnesses, they replied: “We have other witnesses by whom we can prove the same thing, but they live in other directions from the girl’s home.” In addition, the motion to continue does not show that the movant expected to have the absent witnesses present at the next term of court, or that the motion was not made for the purpose of delay only. Civil Code (1910), § 5715; Simons v. Mathis, 17 Ga. App. 588 (87 S. E.…