Bynum v. State

The plaintiff in error was convicted of having carnal intercourse with an unmarried female under the age of sixteen. The offense was alleged to have been committed on the twenty-eighth day of April, 1901.

The first assignment of error is based upon the overruling of the defendant’s motion for a continuance. In support of the motion the defendant filed an affidavit alleging the absence of a material witness by whom he expected to prove that the prosecuting witness had made contradictory statements. This affidavit does not come up to the rule heretofore laid down by this court in several…