State v. Rugero

The defendant was tried for murder, convicted of manslaughter, and sentenced to the penitentiary for life, and has appealed.

Defendant applied for a reassignment of his case on the ground of the absence of a material witness; and, as is required in such cases, made an affidavit stating what he expected to prove by the witness, and that the “attendance of the witness can be secured in due time for trial at this term of court.” For avoiding a continuance, the state made the usual admission that the witness, if present, would testify as stated in the affidavit. On the. trial the affidavit was…