Brown v. State

1. The defendant in his brief does not urge that the refusal to continue, under the evidence introduced on the motion to continue, would, in and of itself, require a reversal; but contends that the sum total of the matters argued in his brief, including the motion to continue, which culminated in the failure of the judge to charge without request on the lesser offense of an assault and battery, “when considered together, should require a reversal.” The motion to continue did not meet the requirement of the Code, § 81-1410, and the court did not abuse its discretion in overruling this motion,…