State v. Arnold

Defendant was convicted of driving under the influence of intoxicants, ORS 813.010, driving while suspended, ORS 811.175, and resisting arrest. ORS 162.315. He assigns as errors the trial court’s denial of his motions for a continuance, a new trial, and acquittal on the charge of resisting arrest. We affirm.

On May 19, 1987, defense counsel telephoned the judge responsible for assigning criminal cases for trial and requested a postponement. Counsel said that he had just learned that a defense witness was unexpectedly unavailable, that the witness had not been subpoenaed because he had earlier…