Territory v. Nugent

By the Court,

Martin, J. alone.*

The defendant has been indicted and found guilty of the publication of a malicious libel, and has moved for a new trial on the following grounds:

1. Because a continuance was denied him, although an affidavit sufficiently strong to entitle him to it, was made.

Because the court rejected proper, and admitted improper testimony.

I. The affidavit stated in the usual form, the materiality of the testimony of Cadet Bayon, ami *109others—the defendant’s diligence to obtain their attendance—their absence, and the probable expectation of their presence at a future…