Conway v. State

CONLEY Byrd, Justice.

This is a criminal case in which the only issue on appeal is whether the trial court abused its discretion in refusing to grant a motion for a continuance because of the absence of an alleged alibi witness. The motion was denied, and appellant was convicted of burglary and grand larceny. We affirm.

Appellant asserts he hitchhiked a ride with Richard Stewart at the time of the alleged crime. Appellant’s appointed counsel filed the motion for a continuance, Ark. Stat. Ann. §§ 43-1705 — 43-1706 (Repl. 1964), lacking the necessary affidavits, Ark. Stat. Ann. § 27-1403 (Repl.…