Binns v. State

This was an indictment for murder in the first degree. The appellant was tried, convicted, and sentenced to the penitentiary for life, where he is now confined.

*278There is only one question in this case that need be noticed or ruled upon, and it grows out of the refusal of the court to grant a continuance of the cause on the following affidavit:

“Comes into open court, this 19th day of June, 1870, the defendant in the above entitled cause, and upon oath swears that he has a good defence to the indictment against him in the above entitled action; that he cannot safely go into the trial of said…