Sullivan v. Smith

Appellant was convicted of the unlawful possession of intoxicating liquor, from which conviction, and sentence by the court, he appeals.

Appellant, through his counsel, applied for a continuance upon the ground that appellant was sick and unable to attend court on the day of trial. The trial court overruled the application, whereupon appellant was tried and convicted in his absence. The sole ground urged for reversal is the action of the court in overruling this application.

It was shown by two physicians of the community, one by affidavit and the other as a witness on the stand, that,I in…