Eden v. State

Plaintiff in error, hereinafter called defendant, was convicted in the district court of Delaware county of larceny of live stock, and his punishment fixed by the jury at imprisonment in the state penitentiary for a term of two years.

Defendant contends that the court erred in overruling his application for a continuance.

This application was based on the absence of W. P. Hollis. It appears from the record that this witness had testified in the preliminary and that he was not cross-examined by defendant; that a transcript of his evidence was on file with the clerk of the court; that a few days…