Jenkins v. State

Taylor, J.:

Israel Jenkins, the plaintiff in error, was indicted at the Fall term, 189?, of the Circuit Court for Leon coun._ *197ty, for wilfully and maliciously burning a mill in the night time of the 14th day of October, 1892. He was tried at the same term of the court, convicted, and brings his case here by writ of error.

The first error assigned is the refusal of the court below, when the case was called for trial, to pass the trial thereof in order to give the defendant’s counsel time to write out an affidavit showing the defendant’s insolvency, so that, under the statute, he might have an…