State v. Milum

I am in accord with the court’s enunciation of the general principles which govern the granting of a continuance. However, I am compelled to disagree with the majority as to the application of those principles to the facts of this case.

A few additional facts should be noted. The defendant’s notice of alibi stated that proof would be offered showing the defendant was at The Retreat, 917 East 30th, Kansas City, Missouri, at the *201time the alleged robbery took place. Six witnesses were named as supporting the alibi, one of them being James Hendrix.

When Hendrix failed to appear at the trial, the…