Chivers v. State

The plaintiff in error was convicted of assault with intent to 'rape, and, his motion for a new trial having been overruled, he brings the case to this court. The motion for new trial contains several grounds of alleged error. The principal ground, and the only one that this court deems it necessary to decide, was the refusal to grant a continuance of the case. When the case was called for trial, the defendant submitted a motion to continue, based on the ground that E. W. Jordan, his leading attorney, was confined to his home from sickness and unable to attend the trial; that he could not go…