Newberry v. State

1. It does not appear that the judge abused his discretion in overruling the defendant’s motion for a continuance, based upon the absence of a witness. Upon the hearing of the motion it appeared that the defendant had previously obtained one or two continuances of the case because of the absence of witnesses; and, further, in the state of the record, it does not appear that the testimony of the absent witness was material.

2. Under the ruling in Mitchell v. State, 71 Ga. 128 (4 a-b), the court did not err in admitting the testimony of a witness as to what another witness (since deceased) swore…