State v. McGinn

Defendant, on tbe day set for tbe trial made application for a continuance over tbe term, on tbe ground tbat a material witness subpoenaed by bim bad 1 refused to respond. We may concede tbe diligence of defendant in attempting to secure tbe presence of tbis witness, and also the materiality of tbe evidence sought to be obtained, but we do> not think it is made to appear tbat tbe witness’ presence could be secured by ordinary methods at the ensuing term. He bad disobeyed a subpoena once, and there was no reason to think tbat be would come at any time without compulsion. Defendant should havei…