Messer v. State

Bell, Chief Judge.

Defendant was convicted of burglary. Held:

1. Defendant’s motion for continuance was denied at the commencement of his trial. Counsel for defendant asserted as grounds that he had been unable to locate certain witnesses for defense due to his recent appointment as counsel. Although given an opportunity by the court to do so, no showing was made as to when defendant expected to locate and have them present at some future time and what facts he expécted to prove by these witnesses. The refusal to grant a continuance will not be disturbed on appeal unless it clearly appears that…