Solomon v. State

1. There was no error in overruling the motion for a continuance, especially in view of the fact that it did not appear that the movant had subpoenaed the absent witness before he left the jurisdiction of the court, or had exercised any diligence in attempting to procure his presence.

2. Under the facts of this case, failure of the court to instruct the jury upon the subject of alibi was not reversible error, in the absence of a timely and appropriate written request. Smith v. State, 6 Ga. App. 577 (65 S. E. 300).

3. It is within the power and right of a jury to believe a witness, no matter…