State v. Underwood

The opinion of the court was delivered by

Fenner, J.

The record presents two bills of exception. The first is taken to the action of the court in proceeding with the trial of the cause notwithstanding the defendant objected thereto on the ground that one of his witnesses was absent.

The record does not exhibit any motion or affidavit for continuance, and the judge in signing the bill affirmatively states that no such motion or affidavit was made.

This is fatal to the bill. It has been well and constantly held that refusals by the judge a quo to postpone a trial will not be reviewed in this court…