50 So. 554 | Miss. | 1910
delivered the opinion of the court.
While this court will not ordinarily interfere with the discretion of the trial court in refusing to. grant an application for continuance because of'the absence of a witness, when it appears that the witness is beyond the jurisdiction of the court, yet there are times when the trial court should allow a continuance, even when it appears that the absent witness cannot be reached with process at the time the application is made. In this case the ’indictment was returned on the 28th of June, 1909, and the trial set for the 30th, just two days after the indictment was found. The uncontroverted affidavit of defendant, made on the application for continuance, shows that the-absent witness is a very necessary witness in so far as his case
We think the court erred, in view of the facts of this case, in refusing the application for continuance; and the judgment appealed from is reversed and the cause remanded.