Osborne v. State

Appellant was indicted, tried, and convicted for the unlawful possession of a still, and sentenced to the penitentiary. Appellant was tried a few days before the present trial at the same term of the circuit court, and the jury, failing to agree, were discharged, and the case called for retrial during a subsequent week, and it appeared that some of the witnesses who were present at the first trial were absent, and a motion was made for a continuance, in which motion it was claimed that appellant could not go to trial safely without such witnesses, and that among the things he expected to…