Bagwell v. State

Warner, Chief Justice.

The defendant was indicted for the offense of simple larceny, and on the trial thereof was found guilty. A motion was made for a new trial, mainly on the ground that the court re*407fused to continue the case on account of the absence of the defendant’s counsel, Messrs. Speer & Stewart, one of whom had leave of absence from the court, and the other was detained at home by sickness. The motion for a new trial was overruled, and the defendant excepted.

It appears from the record and bill of exceptions, that the defendant was indicted at the April term, 1874, of the court; that…