In Re Rash

An information charging bigamy was filed against petitioner November 24, 1941. Thereafter, at a trial on said charge, in December, 1941, the jury disagreed. January 5, 1942, the case was continued at defendant’s request because of the absence of, and inability to secure, necessary witnesses. September 19, 1942, the case was continued at the request of the prosecution, based upon this statement by the trial court:

“That this court takes judicial notice of. the fact that the United States is at war and that it would be virtually impossible to obtain witnesses in said cause at the present time…