Mitchell v. State

Darby Mitchell was tried for the murder of Jack Wright; and the jury trying the case returned a verdict of guilty, with a recommendation. A motion for a new trial was made and overruled. The defendant excepted.

1. The original motion for a new trial contained the usual general grounds; and the defendant filed an amendment to the motion, in the first ground of which error is. assigned upon the judgment of the court refusing a continuance. The showing upon this motion was insufficient in respect both to the service of the subpoena requiring the witness to be present at the trial, and as to the…