Butts v. State

Hart, J.,

(after stating the facts). It is first insisted that the court erred in refusing to grant the defendant’s motion for a continuance.

The record shows that the defendant was arrested on February 20, 1926, charged with accessory before the fact of robbing the Bank of Pettigrew, and was placed in jail and kept there until an indictment was returned against him on the 2d day of March, 1926, and his trial was set for March 8, 1926. He expected to introduce Floyd Dickson and Ed Donahue as witnesses in his behalf to establish an alibi.

It is true that he states in his motion that Dickson lived…