Clayton v. State

GARDNER, Chief Justice.

Defendants were jointly indicted, tried and convicted of the crime of rape. The Court of Appeals reversed their conviction on two grounds. The first relates to the action of the trial court in denying the motion for a continuance. The grounds of the motion are set out in detail and the proof upon which the motion is based is made to appear. The holding is the trial court abused its discretion in this regard.

We are unable to agree. The affidavits offered were all of similar import. They contain many statements of opinions or conclusions of the affiants which are to be…