Smith v. State

The appellant was indicted for playing at a game called Pin Pool. He filed, an affidavit for continuance, which was overruled by the Court, and there was a trial, conviction and judgment, from which he appealed. The only error assigned, is the overruling the motion for a continuance.

The affidavit as to the witness having been duly subpoenaed, seems to have been according to the terms of the statute. He, however, proceeds in his affidavit to allege the facts which he expects to prove by the absent witness, and if such facts constitute no defence to the indictment, the motion was properly…