Smith v. State

The defendant made a motion to continue the case on the ground of absence of two named witnesses by whom he “would like to show” that the deceased made threats to kill defendant, and that such threats were communicated to defendant by such witnesses before the homicide. As a part of the motion the movant testified that he had caused summons to issue for said witnesses, that he was “not willing” to go to trial without them, and that he was “not making this motion for the purpose of delay, but for the purpose of obtaining their testimony.” The showing for continuance did not comply with the…