State v. Schmidt

The appellant, Schmidt, was convicted and sentenced for the crime of conducting and maintaining a place for the unlawful sale of intoxicating liquors.

The court overruled the defendant’s motion for a continuance, and the first assignment of error is founded thereon. It appears that sometime prior to November 27, 1925, the court set the cause down to be tried on that date. Five days prior to the date fixed for the trial, the appellant, through his attorney, applied to the court for subpoenas for certain named persons which he alleged to be material witnesses on his behalf. Among the persons so…