Henry v. State

Broyles, O. J.

1. A motion was made by the defendant for a continuance of the case, based upon the absence of Mrs. Rrankie Barrow, a material witness for the defense. Upon the hearing of the motion it was shown that the case had been pending in court for three or four years, and *157had been theretofore continued three times because of the absence of the same witness, Mrs. Frankie Barrow. It is apparent that the court did not abuse its discretion in denying the motion.

Decided November 13, 1934. Gordon Gann, Smith & Millican, for plaintiff in error.

2. Special grounds 2, 3, 4, and 5 of the motion…