Smith v. State

The plaintiff in error, O. P. Smith, was indicted in the Circuit Court of Madison county for the crime of murder in the first degree, and on his trial was convicted thereof, the jury, under the statute, recommending the mercy of the court, which reduced the sentence to life imprisonment, to review which trial the defendant comes here by writ of error. Before proceeding with the trial the defendant moved for a continuance of his case on the ground of the absence of his leading counsel, who was absent because of ill health. This motion was denied, and such ruling constitutes the first…