Tippins v. State

On tbe call of this case for trial a motion was made on the ground of the absence of one of the material witnesses present at the time and place at which the crime was alleged to have been committed. The defendant showed that he had the absent witness subpoenaed, and that the witness was sick with typhoid fever at the time of the trial; that the witness was present at the time at which it was alleged the crime was committed, but he had not talked to the witness more than to tell him that he was going to summon him. The movant swore: “He did not tell me what he would swear. He is a friend of…