State v. Lowery

HEDRICK, Judge.

Defendant assigns as error the denial of his motion for a continuance.

Ostensibly, defendant sought a continuance in order to obtain the presence of Billy Inman as.a witness; however, the motion to continue was not supported by affidavits setting forth the reasons for the motion or detailing what steps had been taken to secure his presence as a witness. Indeed, in response to questioning by the solicitor, defendant stated:

“I did not tell Billy Inman that I was going to be tried this week and I have not subpoenaed him. I thought he would come on his own.”

A motion for a…