State v. Murphy

The opinion of the court was delivered by

Dunbar, C. J.

— The defendant was prosecuted for murder in the first degree. A verdict of guilty of murder in the second degree was rendered, motion for a new trial was made and overruled, and defendant sentenced to a term of fifteen years in the penitentiary.

The first assignment of error is that the court erred in denying defendant’s motion for a continuance. The affidavit for continuance shows that one Daniel McMillan was a material and necessary witness on behalf of the defense, in that the defendant could prove by said Daniel McMillan certain…