Curry v. State

Carley, Judge.

Appellant was indicted for armed robbery. He was tried before a jury and found guilty of robbery by intimidation. He appeals from the judgment of conviction and sentence entered on the jury’s verdict.

1. At the call of his trial, appellant moved for a continuance based upon the absence of his sole alibi witness. The motion was denied and this ruling is enumerated as error.

“ ‘Each of [the] requirements [set forth in OCGA § 17-8-25] must be met before an appellate court may review a trial judge’s discretion in denying a motion for continuance based upon the absence of a witness.’…