Davis v. State

Quillian, Presiding Judge.

The defendant on appeal from his conviction for the sale of marijuana enumerates as error the failure to grant his motion for continuance based on the absence of a witness. Held:

Among the requirements of a showing for continuance due to the absence of a witness under Code § 81-1410, as amended Ga. L. 1959, p. 342 are that the testimony of the witness is material and the motion must state the facts expected to be proved by the absent witness. See Moore v. State, 7 Ga. App. 77 (1) (66 SE 377); Mell v. State, 69 Ga. App. 302 (2) (25 SE2d 142); Jones v. State, 125 Ga.…