Sevier v. State

WRIGHT J.

delivered the opinion of the Court:

The plaintiff in error and one John Wilson at the August Term, 1859, of the Criminal Court of Davidson county, and on the second day of the month, were jointly indicted for malicious shooting. At the same term of the court and four days thereafter, the plaintiff in error, being in custody, the Attorney General, on the part of the State, elec-ed to go to trial as to him in the absence of the other defendant. The plaintiff in error thereupon, by his counsel, moved the court to continue the cause on account of the absence of said Wilson, which motion…