Banks v. State

OPINION

A jury found appellant guilty of one count each of battery with the intent to commit a crime and sexual assault. Appellant contends on appeal that the district court abused its discretion in denying appellant’s motion to continue the trial for one day to permit a witness snowbound in Chicago to travel to Nevada. Because we conclude that the witness’s testimony would have been material to appellant’s defense, we reverse and remand for a new trial.

Prosecutrix Christy Davis testified that she and appellant had lived together from April, 1983 to August, 1983. In August, appellant moved out…