Miller v. State

The appellant was indicted for grand larceny, tried by a jury, and convicted, and, over a motion for a new trial, sentenced to be imprisoned in the state prison for three years, to pay a fine of five dollars, and be disfranchised for five years.

The only ground for a new trial was the -refusal of the court to grant a continuance on his motion and affidavit, and the only error assigned is in overruling the motion for a new trial.

The continuance was asked on account of the absence of a witness. The facts, which the appellant in his affidavit stated the absent witness would testify to, were…