State v. Colbert

The opinion of the court was delivered by

Spencer, J.

The defendant was indicted, tried and convicted of the larceny of a hog and sentenced to two years in the penitentiary.

Before trial he filed an affidavit for continuance on account of the absence of one Joe Mays and two other witnesses, whose testimony he swore was material, stating the facts he expected to prove by them.

The district attorney admitted that the witnesses named, if present, *716would swear to the facts stated. The defendant thereupon announced his readiness for trial, without requiring the State to admit the truth of the facts…