State v. Simms

At the April term, 1878, of the Howell circuit court, the defendant was indicted for the murder of one James Reese.

The indictment was found by the grand jury on the 23rd day of April, and .on that day the defendant made an application for a change of venue, which was refused on the 24th; on the 26th the defendant applied for a continuance, and his affidavit was as follows : “Now, at this day, comes James Simms, the defendant in this case, and moves the court for a continuance on account of the absence of witnesses whose testimony is wanted; that this testimony is material in this cause, and…