Ivy v. State

The defendant, H. A. (Spike) Ivy, was tried, convicted and sentenced to serve a term of three years in the state *493penitentiary on the charge of having committed an assault and battery on Carl Coleman, shooting him with a pistol, with the intent to Mil and murder. The indictment was returned on May 21, 1956, the first day of the term of the Circuit Court of Oktibbeha County, the defendant was arrested on that day, and his trial was set for and held on May 23, 1956. The court term finally adjourned on Saturday, May 26, 1956.

On May 23, 1956, the defendant filed an application for a continuance to…