State v. Ussery

O’NIELL, Chief Justice.

The appellant was indicted and tried for murder and convicted of manslaughter. The record contains eleven bills of exception, two of which are abandoned.

The first bill was reserved to the overruling of a motion for a continuance, based upon the absence of an alleged important witness. The reason why the judge overruled the motion was that the district attorney admitted that the witness, if present, would testify as stated in the motion. Article 325 of the Code of Criminal Procedure provides that, when either the district attorney or the defendant makes such an admission…