State v. Baxter

The opinion of the court was delivered by

Burch, J.:

Defendant was convicted of assaulting and wounding another, under such circumstances that if death had ensued the offense would have been manslaughter, and appeals. He contends the court erred because it denied his motion for a continuance.

The case was set for trial on November 30, and the trial commenced on that day. On November 27, and on November 30, motions were made to continue. The grounds of the motions were in*853sufficient notice of assignment of the case for trial and lack of opportunity to obtain the testimony of an absent witness. One…