Kearley v. State

BOWEN W. SIMMONS, Supernumerary Circuit Judge.

Appellant-defendant was indicted and tried for robbery before a jury on a plea of not guilty, entered by the court as the defendant stood mute, and convicted and sentenced to ten years in the penitentiary.

Prior to the trial the defendant, an indigent, represented there and here by appointed counsel, moved the court in writing for a continuance. The grounds of the motion read:

“1. Material witnesses for defendant are not present in Court and defendant, being in Penitentiary in Atlanta, Ga and not notified of trial until Friday before Monday of…