Teems v. State

1. The only special ground of the motion for a new trial alleges that the court erred in overruling a motion *595to continue the case on account of the absence of a witness. The motion to continue shows that this witness was present when the difficulty arose in which a person was killed and out of which grew the indictment against the defendant; that the witness had moved from Georgia and was living in Alabama, and that on cross-examination the defendant swore: “I don’t know what I can prove by him. He never told me, but he will swear the truth. I have never talked to him. He is over in Alabama.…