State v. Tully

The appellant was found guilty and sentenced for selling moonshine or corn whisky for beverage purposes.

The only error complained of as prejudicial to the defendant and made the subject of a bill of exception is the refusal of the trial judge to grant a continuance after the state had closed its case in chief.

The basis of the verbal request for a continuance was that the defendant was taken by surprise at the testimony of a witness named Foster, who appears to have been an eyewitness to the sale of the whisky by the defendant.

It is contended that the defendant had not been furnished the name…