Johns v. State

THOMAS, J.:

The first reason urged by the appellant for reversal of the adjudication of his guilt of murder in the second degree, upon an indictment charging him with having committed murder in the first degree, is the impropriety of the trial judge’s order denying a motion for continuance. In substance, it was set out in the motion that the appellant could not have stabbed the deceased, who was fatally wounded as he sat in an automobile near a restaurant, because the accused was at the time inside the building, about one hundred feet away, conversing with a waiter, A1 Rodriguez. The…