Way v. State

April 14, 1945, the appellant was charged with an assault and battery with intent to commit manslaughter. On April 23, 1945, he waived a formal arraignment and entered his plea of “not guilty,” and the cause was assigned for trial on May 24, 1945. Later on the same day the trial of the cause was continued until the next term of court, by agreement of the parties. On September 3, 1945, by agreement of the parties the cause was assigned for trial on October 1, 1945.

On October 1, 1945, Paul Haywood, an attorney for the defendant, filed his verified motion for a continuance of the trial, alleging…