Gambrel v. Commonwealth

Opinion by

Judge Hines-:

AVe are of the opinion that the court did not err in refusing to continue the cause to court in course. Sec. 315 of the Civil Code, which applies to this case, provides that, upon affidavit showing the materiality of evidence and that due diligence has been used to secure the attendance of the witnesses, a postponement may be had, not, in the ordinary acceptation and interpretation of the section, a continuance to the next term of the court; nor does it mean an indefinite or arbitrary postponement, but a suspension of the proceedings a sufficient length of time to…