Stephenson v. State

SAMFORD, Judge.

This is the second appeal in this case, on former appeal the judgment of the Circuit Court was reversed and the cause remanded. On the second trial, the facts are substantially the same as appeared in the- bill of exceptions- on the first appeal. Stephenson v. State, 27 Ala.App. 122, 166 So. 620.

When this cause was called for trial in the Circuit Court the defendant made application for a continuance on account of the absence of a defendant’s wit ness, for whom a subpoena had been issued and not executed. The absent witness was Stencill Stephenson, a brother of the defendant,…