Johnson v. State

1. Under all the circumstances shown by the testimony, this court can not say that the trial judge abused his discretion in refusing to continue the case on account of the alleged illness of the defendant’s mother.

2. The court erred in overruling the motion for a continuance in so far as the motion was based upon the absence of two certain witnesses, for though, according to the certificate of the presiding judge, “it did not appear that either of them resided in the State,” the uncontradieted testimony showed, that while neither of them had any fixed home in the county where the trial took…