32 Ga. 443 | Ga. | 1861
By the Court.
delivering the opinion.
Whatever opinion may be entertained of this case outside of the record, upon the showing made, the defendant was entitled to a continuance, not on account of the absence of the witness, Chance, for his testimony went to establish an immaterial issue, and one which could not have availed the defendant, but on account of the providential absence of the
Let the judgment be reversed.