Miller v. State

Indictment for the larceny of the goods of Dcmiel Whitaker.

• Affidavit for continuance to obtain the testimony of a witness, who would swear that the defendant got the goods charged to have been stolen, in good faith of said witness. To obviate the necessity of a continuance, the prosecuting attorney offered to admit that the absent witness would swear as defendant claimed that he would. Defendant insisted that such an admission was not sufficient; that it should be that the fact which the absent witness would swear to was true. The Court ruled the admission offered to be made by the…