Crawford v. State

Appellant was indicted on a charge of assault and battery with intent to kill and murder. He was tried and the jury convicted him of a simple assault and battery. Upon this conviction he was sentenced to pay a fine of $500.00 and costs and appeals.

The indictment was returned at the March 1953 term and the case was twice continued because of the absence of a defense witness who resides in Louisiana and who suffered a cerebral hemorrhage. On the day of the trial he filed another motion for continuance. He claims that this motion was never passed upon by the court and that the court simply…