State v. Nicolay

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from a conviction of the theft of thirteen head of Holstein heifers resulting in a sentence for grand larceny.

Repetition will be avoided if we present the pertinent facts as we discuss the issues raised by appellant.

The appellant first contends that the trial court erred in failing to grant a continuance of the trial of the case.

We have adhered to the very general rule that the granting of a continuance in a criminal prosecution rests largely in the discretion of the trial court. Its ruling will not be disturbed unless it…