Oliver v. State

Bell, Chief Judge.

Defendant was convicted of selling a quantity of marijuana. Held:

1. Defendant urges error in the denial of a motion for continuance when it was shown that an alleged material witness subpoenaed by him failed to appear. Code § 81-1410 imposes requirements that must accompany an application for a continuance. Here, the defendant established only that the witness was absent without permission and had been subpoenaed. He failed to establish the requirements of the statute that the testimony was material; that he would be able to procure the witness for the next term of court;…