State v. Chambers

WELLS, Judge.

Defendant first assigns as error the trial court’s denial of defendant’s motion to continue because of the unavailability of three of defendant’s witnesses. Defendant urges both an abuse of discretion and the denial of his constitutional rights as error. At the hearing on this motion, defendant’s attorney stated that the three absent witnesses were alibi witnesses and that although they had been present during earlier terms of court, they had not been subpoenaed for the 16 September term. Defendant stated that he was unsure of the address of one of the witnesses. The assistant…