Smith v. State

1. The ground of the motion for new trial complaining that the court overruled the motion to continue is without merit, when it did not unequivocally appear that the witness whose absence was the basis of the motion for continuance had been subpoenaed, counsel for the accused not asking that an attachment issue against the witness, but requesting the court to have a subpoena issued, requiring the absent witness to appear at once, and to have an officer serve it; the witness living in a county adjoining the county of the trial; it further appearing that in overruling the motion the court…