State v. Cross

I. It is first claimed that the court erred in overruling defendant’s motion for a continuance. This was based upon the absence of a witness, by whom, he states in his affidavit, he expects to prove certain material facts. The ground upon which it was doubtlessly overruled, and as we think properly, was that it failed to show diligence in procuring the attendance of the witness. The substance of the affidavit in this respect is, that witness was a resident of Muscatine County, in this State; that he was present at a previous term of the court when the cause was set for trial but not tried;…