McAllister v. State

1. A motion for a continuance was made on account of the absence of a witness subpoenaed on the day of the trial, who had “been sick a pretty good while,” had been “in the hospital,” and “in bed two weeks since he was brought back to his house,” and who was expected to testify that certain whisky was not the property of the accused, thereafter convicted of the offense of keeping intoxicating liquors on hand at his place of business. Seld, that in view of all the cireum*160stances and of the great uncertainty that the absent witness would ever he able to attend the court and testify, taking into…