Moorehead v. State

Me. Chiee Justice Buenett

delivered the opinion of the Court.

The plaintiff in error was convicted of grand larceny and sentenced to serve three years in the State penitentiary. This conviction has been seasonably appealed, briefs filed and arguments heard.

In the outset in view of the disposition we find it necessary to make of this case we will not go into the facts. One of the errors assigned was that the trial judge in refusing to grant a continuance, even though a material witness under subpoena was not available, committed error. On the day the case was called for trial and was heard,…