Smith v. State

Carley, Judge.

Appellant was tried jointly with the defendant in the case of Mathis v. State, 155 Ga. App. 655, and the facts relevant to this appeal are set forth in our opinion in Mathis.

1. In his first enumeration of error, appellant contends that the trial court erred in denying his motion for a continuance based upon the absence of an essential defense witness.

Code Ann. § 81-1410 sets out eight statutory requirements each of which must be shown by the moving party in order for a continuance to be granted because of the absence of a witness. Fouts v. State, 240 Ga. 39, 43 (239 SE2d 366)…