People v. Walton

CRAIL, J., pro tem.

Defendant was convicted of the crime of forgery. It is his first contention that the trial court erred in denying his motion for a continuance, made on the day of trial and based on the want of preparation and the absence of material witnesses. However, there is no showing of reasonable diligence on the part of defendant in his affidavit in support of the motion (People v. Ponchette, 30 Cal. App. 399 [158 Pac. 338]; People v. Winters, 125 Cal. 325 [57 Pac. 1067]); and the affidavit fails to state the facts to which the witnesses would testify if present. (People v.…