State v. Chevallier

The defendant was tried for murder, was convicted of manslaughter and sentenced to serve from three -to seven years in the penitentiary.

On the day the case was called for trial, the defendant through counsel filed a motion for a continuance based on the absence of a witness whose testimony it was alleged was important and material. It was stated in this application that the witness was temporarily in the state of Texas on a visit to his parents.

The subpoena for the witness had been issued on the day the defendant was arraigned, and the sheriff had made a very earnest effort to locate him,…