State v. Penton

Defendant was indicted for willfully striking one Arthur Breland with a dangerous weapon, to wit, a scantling, with intent to murder. When his ease was called for trial, two of his witnesses, Josie Planche and Leroy Talley, were absent, and therefore they failed to answer to their names when called. Thereupon defendant filed a motion for a continuance, setting forth the absence of these witnesses, the materiality and importance of their evidence, and that, if present, they would testify that they saw defendant, a few minutes after the difficulty out of which the present charge grows, near the…