Hamilton v. State

This was an indictment for arson. The defendant was found guilty and sentenced accordingly. Motions for a new trial and to arrest the judgment were overruled.

Upon the cause being called the defendant requested a continuance on the ground that the judge of the Court had been employed by him as counsel, before his election to the bench, and the counsel for the state thereupon waived any objection to the judge and a continuance was refused.

The defendant then moved for a continuance upon an affidavit stating that he could not safely go to trial, in consequence of the absence of a witness who…