Keller v. State

Clark, Judge.

In this case in which defendant was found guilty of arson in the first degree in violation of Code § 26-1401 the sole question is the correctness of the overruling of a motion for continuance made in limine based upon the absence of two allegedly material witnesses, one of whom had been subpoenaed. The unsubpoenaed witness was the defendant’s son. After the state stipulated as to the testimony which would have come from these witnesses but not as to the truthfulness thereof, the continuance was denied. This stipulation recited both witnesses would have testified *130as to defendant…