State v. Simien

The opinion of the court was delivered by

Manning, C. J.

The defendant was indicted for stealing a cow. He applied for a continuance, and made affidavit that “Madame J. B. Simien, a competent and .material witness in his behalf, is absent without his consent or procurement, and that he will not be able to procure her *297attendance at the present term of the court; but he expects to procure her attendance at the next ensuing term. He represents that a short time previous to the institution of this prosecution he had purchased from Madam Simien a two-year-old heifer.- He further represents that he…