State v. Milton

OPINION

SPIESS, Chief Judge.

Convicted of armed robbery (§ 40A-16-2, N.M.S.A., 1953, defendant, Harold Milton, has appealed and claims that prejudicial error occurred in (1) the refusal of the trial court to postpone the proceedings so as to accord him the opportunity to produce a material witness, and (2) the denial of his motion for a new trial.

One evening two men entered and robbed a certain drugstore. A proprietor identified defendant, Milton, as one of the robbers. Defendant denied having been in the drugstore and testified as to his activities and whereabouts during the time of the…