Smith v. State

1. The defendant had been convicted, and a new trial granted because of the absence of a witness. It appeared on the second trial that the officers had made diligent search in the •county of the witness’s residence, and were unable to find him; that his family stated that he had fled shortly before the second trial, in order to escape arrest under a warrant charging him with a criminal offense, and that his whereabouts were unknown. The -discretion of the trial judge in refusing a continuance because of the absence of such witness will not be interfered with. The constitution provides that…