Cumming v. State

Madison Cumming was indicted, tried, and convicted of the crime of murder; and the jury having recommended mercy, *347he was sentenced to the penitentiary for life. A motion for new trial being overruled, the defendant excepted.

The first special ground of the amended motion for new trial complains that the court erred in refusing to continue the case for the term, on the motion of the defendant. The following evidence was introduced in support of the motion. The defendant testified as follows: “ The deceased, Mack Simmons, was killed by me about 5:00 or 5:30 o’clock in the afternoon in July,…