Kennedy v. State

On the 21st day of February, 1882, an indictment was preferred against the appellant, charging him with the crime of burglary; three days afterwards the case was called for trial, a plea of not guilty entered, and a motion to postpone filed. The motion was overruled, and this ruling presents one of the questions for our consideration.

The affidavit filed in support of the motion contains all the essential statements required by the statute, and clearly shows the materiality of the testimony, and the residence of the absent witness. The only question fairly admitting of debate, is whether it…